Terms of Use Troubled Teens Wizard | Troubled Teens Wizard

Troubled Teens Wizard
Terms of Use

1. Description of Web site and Web site Provided

This Web site (www.troubledteenswizard.com) includes a combination of content that is created by Education Network Wizard, LLC (collectively, “we”, “us” or “our”) and that other third party content suppliers create. In addition, this Web site may currently or in the future provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us or others on or through that Web site (collectively, the "Postings").

We adhere to high journalistic standards, and use every reasonable effort to provide informative and relevant content as part of the Web site. However, in using the Web site, you may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. You understand that we do not guarantee the accuracy, integrity or quality of any content available on or through the Web site. In this regard, you acknowledge that you may not rely on any of this content, including, but not limited to, reviews, events, descriptions, or Postings on any pages, chat, news group, community, forum or other feedback section of the Web site (collectively, the "Forums").

You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the services or obtain goods and services of or from, third parties (e.g., participating schools, sponsors, and/or advertisers) as a result of your use of the Web site. All such communication, interaction and participation is strictly and solely between you and such third party and www.troubledteenswizard.com and Education Network Wizard, LLC shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Web site does not constitute an endorsement by www.troubledteenswizard.com and/or Education Network Wizard, LLC with respect to the content, advertising, products, or other materials available on or from such sites. Unless explicitly stated otherwise, any new features or content that augment or enhance the current Web site shall be subject to these Terms of Use and the Privacy Policy of this Web site.

Finally, you are responsible for obtaining access to the Web site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Web site.

2. Boarding School Wizard Copyright and Disclaimer of Endorsement and Liability

The services and functionality provided on this Web site may be used solely for their intended purpose. Without limiting the foregoing, this Web site and the services and functionality it provides may not be used in any unlawful manner, and may not be used for competitive intelligence, reverse engineering, or copying of any of its content or functionality. By submitting a request for information regarding any of our participating boarding schools, sponsors, or advertisers, the user submitting such request represents and warrants that all information submitted is true and non-misleading, and does not violate any law or regulation. Boarding School Wizard reserves the right to deny service to any user at any time, in its sole discretion

All contents and code are copyright © 2009 Education Network Wizard, LLC, a Georgia limited liability company. All Rights Reserved. Boarding School Wizard reserves the right at their sole discretion to refuse any materials, posts, advertising or other submitted information.

All contents, links and listings provided within www.troubledteenswizard.com and related Web sites are provided for informational purposes only. Troubled Teens Wizard assumes no responsibility or liability for any actions or representations of any listed company within www.troubledteenswizard.com and related Web sites. Troubled Teens Wizard does not offer advice nor does it endorse any of the contents or information provided by participating schools, sponsors, or advertisers. Furthermore, the provided contents have not been confirmed for accuracy and Troubled Teens Wizard denies any responsibility to do so.

It is the sole responsibility of the Web site user to obtain all documents and verify information directly from the participating school, sponsor, and/or advertiser, as applicable.

In no event shall Education Network Wizard, LLC be liable for any direct, indirect, special or consequential actions or damages resulting from use of content listed on www.troubledteenswizard.com and related Web sites. Boarding School Wizard may provide links to other sites that may provide valuable information, which may include, without limitation, sites associated with participating therapeutic boarding schools and other schools and camps, sponsors, and/or advertisers. We cannot control how they collect or manage personal information from their websites and we make no warranties as to the information or content provided on such sites, and you agree to use this Web site and such other sites at your own risk. We encourage you to review their privacy policies and data collection procedures.

3. General Rules of Conduct
Your use of the Web site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

you will not interfere with another user’s use and enjoyment of the Web site;
you will not interfere with or disrupt the security measures of the Web site;
you will not interfere with or disrupt networks connected to the Web site, and will comply with all regulations, policies and procedures of such networks; and
you will comply with United States law regarding the transmission of technical data exported from the United States.

You further agree that you will not use the Web site to:

send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
harm minors in any way;
promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by us;
impersonate any person or entity;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

4. Postings
Although we reserve the right to edit Postings prior to their inclusion on the Web site, as a general matter we do not screen or monitor such content. Therefore, you understand that you are solely responsible for all Postings and other materials, whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from your email address on our through the Web site. You further agree that your Postings will not violate these Terms of Use. Specifically, you represent and warrant that your Postings will not contain any material that:

is false, inaccurate, or misleading;
infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising);
is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing;
is obscene or pornographic; or
contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You also agree that you will not:

reproduce, distribute, republish or retransmit material posted by any other Web site users without the permission of that user and us;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
interfere or attempt to interfere with the proper working of the Web site, any activities conducted on or through the Web site, or any networks through which you access the Web site.

You further represent and warrant that:

your Postings will be original and/or you will obtain all third-party permission necessary for the use of the Postings as set forth below;
you are the sole and exclusive owner of all rights herein conveyed to us and our affiliates; and
you have the full and restricted power to convey such rights to us and our affiliates free and clear of the claims of any other person or entity.

In sum, Postings do not reflect the views of Education Network Wizard, LLC and Education Network Wizard, LLC does not verify, endorse, or vouch for any such content. We do, however, enforce these Terms of Use, and if we determine in our sole discretion that any Posting is inaccurate, was posted without authorization, or otherwise does or may violate these Terms of Use, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse or remove the Posting; (b) revoke the applicable users right to use the Web site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating the applicable users registration.

Finally, you specifically grant to us and our affiliates and service providers (or warrant that the owner of such content grants to us and our affiliates and service providers) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, to:

use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Postings submitted by you or through your account, in whole or in part;
use, in whole or in part, your name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by you as part of or in connection with such Postings ("Image"), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and
incorporate the Postings and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.

For sake of clarity, by virtue of the above grant, you also give us and our affiliates permission to copy your Postings and the Image as part of the normal backup process and/or to archive discussions containing your Postings and/or the Image.

5. Proprietary Rights
All Web site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Web site, including, but not limited to, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, excluding any of your Postings (individually and/or collectively, "Material"), are the property of Education Network Wizard, LLC and/or its subsidiaries, affiliates, licensors, participating schools, sponsors, and/or advertisers, as applicable, or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. You must not alter, delete or conceal any copyright or other notices contained on the Web site, including notices on any Material you download, transmit, print or reproduce from the Web site. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. You further agree not to access the Web site by any means other than through the interface that is provided by us for use in accessing the Web site.

6. Forums
Some portions of our Web site may give users the opportunity to participate in Forums operated by us or by a third party. We ask that our users exercise appropriate caution when participating in any type of Forum. In particular, please remember that if you publicly disclose personal identifying information, such as your name or email address, in connection with a Forum, the information may be collected and used by others. You should also take reasonable precautions with regard to any material you download from or through Forums (for example, scanning for viruses or other damaging computer programming routines). Finally, you agree to use the Forums only to send and receive messages and material that are proper and related to that particular Forum.

7. Promotions
Some portions of our Web site and/or our sponsors or advertisers may from time to time conduct promotions, including, but not limited to, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these Terms of Use.

8. Registrations Obligations
Some portions of our Web site may require that you register with the Web site in order to access or use it. If such registration is required, you agree that you will provide accurate information (such as your real name and a valid e-mail address) and will update your relevant information if it becomes outdated. If you provide any information that is, or that we in our reasonable discretion determine may be, untrue, inaccurate, not current or incomplete, we have the right, without prior notice, to suspend or terminate your account and refuse any and all current or future use of the Web site (or any portion thereof). For more detailed information about how we treat the registration information you provide to us, please see our Privacy Policy, which is incorporated by reference into these Terms of Use (and therefore a part of your agreement with us).

9. Passwords and Other Security Issues
If we issue you a password, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If we allow you to choose a username and you select, in your sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, we have the right, without prior notice to you, to automatically change your username, delete your Postings under it, deny you access to the Web site, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify us immediately.

10. Privacy Policy
We respect your privacy. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Web site.

11. Web site Deactivation or Termination
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

Restrict, suspend or terminate your access to all or any part of our Web site;
Refuse, move or remove for any reason any material that you submit on or through the Web site;
Refuse, move, or remove any content that is available on or through the Web site;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of the Web site

We may take any of the above actions for any legitimate business reason, as determined by us in our sole discretion, including, but not limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Web site (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

12. Indemnification
You hereby agree to indemnify, defend and hold Education Network Wizard, LLC and its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the "Indemnified Parties"), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by any Indemnified Party in connection with any claim arising out of your use of the Web site, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Web site, your violation of these Terms of Use, your connection to the Web site, or your violation of the rights of any other person or entity.

13. Disclaimers of Warranties
THE WEB SITE, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEB SITE WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Web site. As between you and us, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Web site, including, without limitation, postings and materials associated with your use of the Web site. Under no circumstances shall any Indemnified Party be liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.

14. Limitation of Liability
IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE WEB SITE, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICE, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH WEB SITE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY INDEMNIFIED PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

15. Notice of Infringement; Take Down Notice Under Digital Millenium Copyright Act

Troubled Teens Wizard respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Web Site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boarding School Wizard’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please contact Troubled Teens Wizard’s Copyright Agent at: 180 Newport Center Drive, Suite 230, Newport Beach, CA 92660 or info@educationwizard.com or 949.640.7100.

16. Miscellaneous
General. This site is created, controlled and operated by Education Network Wizard, LLC in the USA, and is intended solely and exclusively for residents of the United States, its territories and possessions who are at least 13 years of age or older. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.

Entire Agreement. These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and Education Network Wizard, LLC and govern your use of the Web site, superseding any prior agreements between you and Education Network Wizard, LLC. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software. These Terms of Use cannot be changed or terminated orally.

Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Web site or delivering them to you through email. You may update your email address by visiting the Web site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Assignment. You agree that the Terms of Use may be automatically assigned, in whole or in part, by Education Network Wizard, LLC or any of its affiliates to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.

Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Georgia, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Atlanta, Fulton County, Georgia, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred

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