Terms of Agreement


 

Revised: February 9, 2015

Welcome to White Paper Press™! We offer you the services and content of White Paper Press™, including but not limited to the content on WhitePaperPress.us, on the condition that you agree to the following terms.

 

BY USING, SUBSCRIBING, OR REGISTERING FOR WHITE PAPER PRESS™, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS (the “AGREEMENT” or “TERMS OF USE”). Do not use or subscribe to White Paper Press™ if you do not agree to these Terms of Use.

 

About these Terms

 

These Terms of Use govern your use of White Paper Press™, including all use, submissions and purchases that you make, including publications and content of White Paper Press™ and access to WhitePaperPress.us. White Paper Press™ is provided by Laura Shaw (“we” or “us”). In this Agreement, the term “you” means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms of Use. We may change any term to this Agreement at any time after providing 14 days notice of such change. If you disagree with any changes to this Agreement, you must discontinue your use of White Paper Press™ before the changes take effect. Your ongoing use of White Paper Press™ after the changes take effect signifies your agreement to the new terms.

 

Changes to the Services

 

We may change or discontinue any offering or feature on White Paper Press™ at any time and without notice.

 

Registration

 

We will open an account for you when you sign up for White Paper Press™. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (3) all information that you provide is true and current.

 

Your Information

 

You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the White Paper Press™ Privacy Policy (see below).

 

Your Responsibilities

 

You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use White Paper Press™, or any of its web sites, services, data, documents, publications, information and content (collectively, “Content”) in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on White Paper Press™. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.

 

License and Permitted Uses for White Paper Press™ Content.

 

If you are a subscriber to White Paper Press™, you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this Agreement. White Paper Press™ subscriptions sold to individual subscribers are for single users only. White Paper Press™ subscriptions sold to institutions (i.e., schools, research institutions, corporations, and other business, charitable or government entities) are for use by the individuals within such institution designated as subscribers at the time the subscription is purchased.

 

Any and all content available from WhitePaperPress.us (“which shall also be considered “Content” in addition to the manner in which it is defined elsewhere in these Terms of Use) shall not be reproduced, revealed, published, distributed, or otherwise made available in whole or in part to anyone else unless required by law. You acknowledge that the Content is subject to the copyright and other proprietary rights of Laura Shaw and you will not commit or permit any act or omission that would impair such rights.

 

We grant you a non-exclusive, non-transferable, limited license to access and use the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store Content that you license to one personal computer storage device under your exclusive control. With your school or training center subscription, you are purchasing the license to provide a copy of The Montessori White Papers™ to prospective and current parents, teachers, teacher trainees, administrative staff, or anyone else interested in learning more about the science behind Montessori. All white papers may be reprinted in brochures and newsletters or simply printed and handed out directly, provided, however, that you provide you attribute White Paper Press™ as the author and source. You may not post any white papers to the Internet or share them with other Montessori schools, training centers, or other organizations.

 

You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties except as permitted by this Agreement. Except for the license granted in this Agreement, all rights, title and interest in White Paper Press™ and the Content are and will continue to be the exclusive property of us.

 

License and Permitted Uses for Montessori White Papers™

 

If you are a subscriber to, we grant you a non-exclusive, non-transferable, limited license to access and use The Montessori White Papers™ subject to the terms and limitations of this Agreement. All Content included in The Montessori White Papers™ is licensed and not sold or assigned. You may download and temporarily store individual editions of The Montessori White Papers™ to one personal computer storage device and one portable computer device (such as an email-enabled mobile phone, Blackberry or PDA) under your exclusive control. You may not copy, forward or transmit (collectively “Forward” or “Forwarding”) individual editions of The Montessori White Papers™ to others except as hereafter provided. You may Forward one edition of Montessori White Papers™ to a colleague or client in connection with the provision or prospective provision of educational services provided such Forwarding is not reasonably calculated to avoid payment of a subscription fee by recipient(s). The phrase “reasonably calculated to avoid payment of a subscription fee by recipient(s)” includes, but is not limited to, the following activities which are expressly prohibited: (i) Forwarding more than 10 editions of The Montessori White Papers™ in any calendar month, and (ii) Forwarding any edition of The Montessori White Papers™ to more than 20 recipients. White Paper Press™ may grant permission to Forward The Montessori White Papers™ on a case-by-case basis, and we encourage subscribers to contact us for such permission when in doubt. You may not store or use The Montessori White Papers™ to create an archival or searchable database of the Content and you shall not sell, license or distribute The Montessori White Papers™ (including any printed version of The Montessori White Papers™) to third parties. You may summarize or refer to Content that appears in The Montessori White Papers™ (provided such summary or reference is substantially less than all Content contained in The Montessori White Papers™) in a web-log, newsletter, website, or similar publication provided that you attribute such information to White Paper Press™ at the time of publication. Except for the license granted in this Agreement, all rights, title and interest in White Paper Press™, The Montessori White Papers™, and the Content are and will continue to be our exclusive property.

 

Fees and Payment

 

You agree to pay the applicable fees and charges for purchases that you make from us. We will disclose your payment terms at the time you make a purchase from White Paper Press™. All charges are nonrefundable.

 

At present, we do not charge for access to the publicly available portion of WhitePaperPress.us. However, we reserve the right to charge for it or its replacement in the future. We also reserve the right to discontinue publishing The Montessori White Papers™ at any time. In the event we discontinue publishing or providing any service for which we charge a fee, upon such discontinuation we will promptly refund any unused portion of such fee.

 

If you subscribe to any service that requires payment, you must give us accurate billing and payment information and keep this information up-to-date. Every time you use White Paper Press™ or otherwise access our services, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on White Paper Press™. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

 

Refund Policy

 

Due to the type of the information being licensed, we unfortunately cannot accept returns of content once it has been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.

 

Billing Problems and Disputes

 

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

 

Disclaimer of Warranties

 

We provide White Paper Press™ “as is”, “with all faults” and “as available.” YOUR USE OF WHITE PAPER PRESS™ IS AT YOUR OWN RISK. We make no express warranties or guarantees about White Paper Press™ or any of its Content or materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS FROM WHITE PAPER PRESS™ and on WhitePaperPress.ud (collectively, “WHITE PAPER PRESS™ SERVICES”) ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, WhitePaperPress.us or the server(s) on which it is hosted, are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WHITE PAPER PRESS™ SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WHITE PAPER PRESS™ SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

 

Every effort is made to assure that all information published is correct. However, we disclaim any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions. No professional advice is intended or offered by White Paper Press™ in making any of the Content available, and White Paper Press™ disclaims any and all liability related to any decision take by a party in reliance upon the Content.

 

Limitation of Liability

 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WHITE PAPER PRESS™ SERVICES AND CONTENT. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WHITE PAPER PRESS™ SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR WHITE PAPER PRESS™ PURCHASE AT ISSUE.

 

Links to Other Sites

 

WhitePaperPress.us, The Montessori White Papers™, or other Content may contain links to other websites. These links are provided to you only as a convenience and their presence do not imply endorsement by White Paper Press™ or us, or of any association with such websites’ operators. You agree that White Paper Press™ and we are in no way responsible or liable for the availability or content of the websites on linked sites. White Paper Press™ and we make no representations whatsoever about any other website you may access through these links. Any concerns regarding services offered or content which is published by these other sites should be directed to the operator of that specific website and not White Paper Press™ or us.

 

Termination

 

We may cancel or suspend your access to White Paper Press™, The Montessori White Papers™, or WhitePaperPress.us at any time, without cause and/or without notice. Your right to use White Paper Press™ will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

 

Indemnification

 

Upon a request by us, you agree to indemnify, defend and hold harmless White Paper Press™ and us, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms of Use, including, if applicable, the Content Submission Agreement; (2) any allegation that any Content or other material you have submitted or transmitted to us infringes, misappropriates or otherwise violates the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with The Montessori White Papers™ and WhitePaperPress.us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Electronic Contracting and Notices

 

Your affirmative act of making purchases or registering for White Paper Press™ constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding White Paper Press™ (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of White Paper Press™. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must maintain the email address or web address which you have provided to us, a means of accessing those notices (by means of a computer, laptop, tablet, mobile device or otherwise) and be connected to an internet service provider with a connection to allow such notice. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

 

Entire Agreement

 

This Agreement and any supplemental terms, policies, rules and guidelines posted on White Paper Press™ constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Choice of Law and Location for Resolving Disputes

 

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Los Angeles County, California, and you consent to personal and subject matter jurisdiction in such courts.

 

Assignment

 

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

 

Privacy Policy

Website Usage Information

We may receive and store certain types of website and email usage information whenever you visit WhitePaperPress.us or open one of our White Paper Press™ emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to The Montessori White Papers™s and other email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not Content has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize our Content, what type of Content is most popular, and the manner in which our Content is being viewed.

 

Use of Cookies

 

Our website WhitePaperPress.us may use cookies to collect information about your access and the services we provide. Cookies are pieces of information which include a unique reference code that a website transfers to your device to store and sometimes track information about you. Cookies we may use last only for the duration of your web session and expire when you close your browser. Other cookies may be used to remember you when you return to the website and will last for longer. We may use cookies to:

Remember that you visited the site before, and to track unique visitors;

Remember your login information as you navigate through our website;

Improve the customer experience by recording how users navigate our website;

Collect statistical information about how users utilize our website; and

Maintain a record of the pages within our website that are visited, and to monitor website traffic.

 

Please note that by blocking, deleting or turning off cookies used on the site you may not be able to take full advantage of White Paper Press™’s features.

 

Other Information Collected

 

We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We collect and store billing information. We record changes to your account status. For example, we may record when payments were made, when your account was accessed, when your password was reset, and similar audit information.

 

How We Use The Information Collected

 

The information you provide to us may be used to:

Send you newsletters and/or other e-mail communications for which you have registered;

Contact you about changes to our web sites or our services (e.g., notification of changes to this Privacy Policy, the Terms of Use, or other policies that affect your use of our web sites);

Confirm or fulfill an order you have made;

Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;

Monitor or improve the Content or WhitePaperPress.us;

Administer the site’s systems and for other internal business purposes;

Customize the content you see;

Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices; and

For other purposes disclosed when you provide your information.

 

With Whom Information May Be Shared

 

Now or in the future we may employ third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the site.

 

More Information

 

If you have any questions or concerns about our Privacy Policy, about any information that we may have collected or stored, or to delete, opt out or modify any of the information contained in our database, please contact us directly at laura@whitepaperpress.us.

 

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