Steve Bushman ("Owner") operates this Site ("eduBakery.com"). By accessing and using
this Site, you agree to each of the terms and conditions set forth herein (“Terms
of Use”). Additional terms and conditions applicable to specific areas of this Site
or to particular content or transactions are also posted in particular areas of
the Site and, together with these Terms of Use, govern your use of those areas,
content or transactions. These Terms of Use, together with applicable additional
terms and conditions, are referred to as this “Agreement.”
Steve Bushman reserves the right to modify this Agreement at any time without giving
prior notice. Your use of the Site following any such modification constitutes your
agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or
other works that you see, hear or otherwise experience on the Site (singly or collectively,
the “Content”) solely for your non-commercial, personal purposes, or for government
or non-profit educational purposes. Steve Bushman reserves complete title and full
intellectual property rights in all Content. Except as expressly authorized by this
Agreement, you may not use, alter, copy, distribute, transmit, or derive another
work from any Content obtained from the Site or the Service, except as expressly
permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and
belong to Steve Bushman or his partners, affiliates, contributors or third parties.
The copyrights in the Content are owned by Steve Bushman or other copyright owners
who have authorized their use on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the
Site without permission from the trademark owner, except as permitted by applicable
law.
5. Linking to this Site
You are allowed to link to eduBakery.com.
6. Downloading Files
Steve Bushman cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection by software viruses or other
harmful computer code, files or programs.
7. Disclaimer of Warranties
STEVE BUSHMAN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. STEVE BUSHMANEXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE,
THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.
STEVE BUSHMAN DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE
OR THE SERVICE WILL BE CORRECTED. STEVE BUSHMAN DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.
8. Limitation of Liability
IN NO EVENT WILL STEVE BUSHMAN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED
BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE
SERVICE, OR THE CONTENT, EVEN IF STEVE BUSHMAN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT,
OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, STEVE BUSHMAN’S LIABILITY IS LIMITED AND WARRANTIES ARE
EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED
$100.00.
9. Indemnification
You understand and agree that you are personally responsible for your behavior on
the Site. You agree to indemnify, defend and hold harmless Steve Bushman, its parent
companies, subsidiaries, affiliated companies, joint ventures, business partners,
licensors, employees, agents, and any third-party information providers to the Service
from and against all claims, losses, expenses, damages and costs (including, but
not limited to, direct, incidental, consequential, exemplary and indirect damages),
and reasonable attorneys’ fees, resulting from or arising out of your use, misuse,
or inability to use the Site, the Service, or the Content, or any violation by you
of this Agreement.
10. Privacy
See the
eduBakery Privacy Policy
11. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action
that might compromise the security of the Site, render the Site inaccessible to
others or otherwise cause damage to the Site or the Content. You agree not to add
to, subtract from, or otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use the Site in any manner
that might interfere with the rights of third parties.
12. User Supplied Information
Steve Bushman does not want to receive confidential or proprietary information from
you via the Site. You agree that any material, information, or data you transmit
to us or post to the Site (each a “Submission or collectively “Submissions”) will
be considered non confidential and non proprietary. For all Submissions, (1) you
guarantee to us that you have the legal right to post the Submission and that it
will not violate any law or the rights of any person or entity, and (2) you give
Steve Bushman the royalty-free, irrevocable, perpetual, worldwide right to use,
distribute, display and create derivative works from the Submission, in any and
all media, in any manner, in whole or in part, without any restriction or responsibilities
to you.
13. Password Security
If you register to become an eduBakery.com member, you are responsible for maintaining
the confidentiality of your member identification and password information, and
for restricting access to your computer. You agree to accept responsibility for
all activities that occur under your member identification and password.
14. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter hereof. No waiver by Steve Bushman
of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical
errors or other errors or inaccuracies and may not be complete or current. Steve
Bushman therefore reserves the right to correct any errors, inaccuracies or omissions
and to change or update the Content at any time without prior notice. Steve Bushman
does not, however, guarantee that any errors, inaccuracies or omissions will be
corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable,
it will not impact any other provision of this Agreement, all of which will remain
in full force and effect. Any and all disputes relating to this Agreement, Steve
Bushman's Privacy Policy, your use of the Site, any other Steve Bushman web site,
the Service, or the Content are governed by, and will be interpreted in accordance
with, the laws of the State of Wisconsin, without regard to any conflict of law’s
provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent to Service
Provider's Designated Agent. Please send a notice to Steve@eduBakery.com
© Copyright 2009 Steve Bushman. All rights reserved.