Use of Content
This Website and all of the contents herein contained are protected by United States and International trademark and copyright laws. The information contained on this site is for the private enjoyment of the user and may not be copied or disseminated in any form or for any purpose without the express written consent of the Company. All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by international copyright laws. Academy Leader, Inc. may not control the copyright of all images on this website. Infringement of copyright includes, but is not limited to, copying images, graphic elements and text for use on your own website. However, Company does permit the user to download content for personal, noncommercial use.
General and Specific Prohibitions
In connection with your use of the Website, you agree to use the Website for lawful and legitimate purposes only. Accordingly, you agree that you will not: (1) transmit any message, information, text, file, software, source code, data, graphic, photograph, graph, sound, image, audio and/or video clip or other material (collectively "Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another's right of privacy or publicity; (2) impersonate any person or entity or misrepresent your condition or state of mind; (3) transmit any Content that any law or contractual or fiduciary duty prohibits you from reproducing, displaying, or transmitting; (4) transmit any Content that contains a virus or corrupted data; (5) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; (6) use the Website's communication features in any manner that adversely affects the availability of its resources to other users; (7) transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," business opportunities requiring upfront periodic payments, or any other form of unlawful solicitation, illegal business opportunity, or other inappropriate material; (8) violate any applicable local, state, national, or international law; (9) upload, transmit or submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (10) manipulate or otherwise display the Website by "deep linking," "framing" or similar navigational technology; (11) violate Company's security mechanisms; (12) access any data or server you are not authorized to access; or (13) otherwise breach the security of the Website or corrupt the Website in any way.
Trademarks and Intellectual Property
This website contains trademarks that are governed by the Lanham Act (15 U.S.C. §§ 1051-1127, 1129), and other federal and state laws. Any use of these trademarks without the express written consent of Academy Leader, Inc. is strictly prohibited. The Company retains all worldwide rights in its intellectual property, including, but not limited to, its trademarks, service marks, ideas, trade secrets, the "look and feel" of the Website, its color combinations, layout, and all other graphical elements, and the copyright in and to its original Content included on the Website. All Content on the Website is the property of the Company or its licensor(s). The contents of the Website are copyright 2006, Academy Leader, Inc. All Rights Reserved. While third-party Content providers retain copyright of their own works, and are responsible for the accuracy, integrity, quality, legality, and non-infringing nature of such Content, the Company retains all intellectual property rights in the compilation, collection, selection, arrangement, assembly, display and coordination of the Content available on the Website. All rights are reserved. Information on the Website, including but not limited to, text, images, video, animation, sound, and their design, are all subject to copyright and other intellectual property protection. These elements may not, except where otherwise indicated, be reproduced, transferred, distributed, broadcast or stored without prior written permission by the Company. Modifications to the contents of the Website are expressly prohibited. Unless otherwise indicated all marks such as trademarks, service marks and logos displayed on the Website are the registered or unregistered marks of Academy Leader, Inc., including without limitation each of the Company's brands, and its corporate logos. The unauthorized use of any mark or other content displayed on the Website is strictly prohibited. Therefore, you should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by Academy Leader, Inc. or some third party who licensed to the Company the right to use such Content. Generally, unless otherwise expressly noted, no Content that you read or see on the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Company or its licensor(s) except as provided in these Terms. However, you may reproduce Content solely for your personal, noncommercial, educational and informational use ("Authorized uses") and only if you keep such reproduced Content intact with proper attribution and display of the copyright notice. Thus, you may download, print, or view this Content on your personal computer, provided you do so for an Authorized use and provided you do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify any Content. This permission is not a transfer of title, and under this permission you may not:
Upon termination, you immediately must destroy any downloaded and/or printed Content. Unless otherwise indicated, all trademarks, graphics, logos, names, package designs, and other marks used on this Website are owned by Academy Leader, Inc. and its partners and are used under license from same. The use or misuse of any of these marks or other information is strictly prohibited. The trademarks and service marks ("Trademarks") used or displayed on the Company website are registered and/or unregistered trademarks of Academy Leader, Inc. or its partners, unless otherwise noted. Nothing in this Website should be implied as granting any license or right to use any Trademarks displayed on the Website without the express prior written permission of the Company or other trademark owner. The names "Academy Leader, Inc.", and "Really Mad Cow", logos, and slogans are trademarks of Academy Leader, Inc., and may not be used in connection with any third-party products or services in any manner that disparages or discredits Academy Leader, Inc. or in any way without Company's express written permission. All other brands and names are the property of their respective owners. We make no warranties or representations to you that your use of any Content displayed on the Website will not infringe the rights of third parties. While the Company attempts to provide accurate information on this website, some information may be incorrect or outdated. The Company assumes no responsibility for errors or omissions on this website. The Company further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this website. The Company may change the information on the Website or the products mentioned, at any time without notice.
Disclaimer of Warranties
Academy Leader, Inc. makes no warranties, either express or implied, regarding the merchantability, noninfringement, or fitness for any particular purpose of this website and noninfringement. The Company makes no warranties, express or implied, regarding the security and safety of this website and is offered "as is". Any viruses or other harmful components transmitted to the user through this Website, and any resulting harm therefrom, are not the fault or responsibility of the Company or its clientele. The information on our Website is provided "as is." We do not warrant, either expressly or by implication, the accuracy of any materials provided on the Website or their suitability for any particular purpose, and we expressly disclaim all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Although the information provided to visitors on this Website is obtained or compiled from sources we believe to be reliable, the Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to visitors or its suitability for any particular purpose. Neither We, nor any of our members, partners, affiliates, directors, officers, employees, agents, program producers, sponsors or entities under common ownership or control with the Company are liable or shall have responsibility of any kind to any visitor for any loss or damage that a visitor incurs in the event of (i) any failure or interruption of this site; (ii) any act or omission of any third party involved in making this website or the data contained herein available to visitors; (iii) any other cause relating to a visitors access or use, or inability to access or use, any portion of this site or materials on this site; (iv) any visitors interaction or submissions on the Website, including, but not limited to, dialogue between hosts or other visitors; (v) any security breach, or any virus, bug, tampering, unauthorized intervention, fraud, error, defect or technical malfunctions; or (vi) from any visitors failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software, services or support. In no event will the Company, its members, partners, affiliates, officers, employees, agents or entities under common ownership or control with the Company be liable to any visitor for any direct, special, indirect, consequential, or incidental damages or any other loss or damages of any kind even if the Company, its affiliates, or any other party has been advised of the possibility thereof. Please be advised that once you leave our Website, your use of the internet will be governed by the terms of usage agreements and privacy policies, if any, of the particular website that you are accessing, including those of our operational providers, advertisers, sponsors, and promotional partners. The Company, its members, partners, affiliates, directors, officers, employees, agents and entities under common ownership or control with company will not be responsible or liable for the content, activities, or privacy practices of the other websites, or any loss or damage that could result from leaving our Website.
Accuracy of Information
This Website, and the information contained herein, may contain inaccuracies and other errors. The Company does not warrant the accuracy of this Website. While the Company uses reasonable efforts to include accurate and up to date information on this Website, the information may contain technical inaccuracies or typographical errors, and the Company makes no warranties or representations as to the accuracy of such information. The information contained on this Website may be changed at any time without prior notification or obligation This Website is in compliance with the laws of the United States of America. If your jurisdiction does not allow the limitations of warranties, then the aforementioned exclusions may not apply to you.
Submissions by the User
Any unsolicited information submitted by the user becomes the property of Academy Leader, Inc. The Company makes no guarantee that unsolicited information will remain confidential and it retains the exclusive right to use such information for any purpose and at its sole discretion on an unrestricted, worldwide, royalty-free basis.
Advice and Opinions
Our Website may contain facts, views, opinions and/or statements of third parties, visitors and other organizations. Academy Leader, Inc., its members, partners, affiliates and entities under common ownership or control do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed on our Website. You acknowledge that any reliance upon any such advice, opinion, statement or other information appearing on this Website shall be at your sole risk, and you agree that the Company, its members, partners, affiliates and entities under common ownership or control shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Website.
Third Party Websites, Links, and Operational Providers
Academy Leader, Inc. may, at its sole discretion, provide links to third party sites. The Company makes no warranty or guarantee as to these websites or as to the content therein contained. The content of the third-party websites may not reflect the opinion or belief of the Company, and does not constitute an endorsement or sponsorship of such websites. Our Website may contain links and pointers to other websites and resources on the internet that are controlled or operated by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement or sponsorship by us, our members, partners, or affiliates of any third party website, resources, content, products and/or services. Links do not imply that we are affiliated or associated with, or otherwise recommend or certify, the third party link or website. Any concerns regarding links to third party websites should be directed to the respective website operator. The Company, its members, partners, affiliates and any entities under common ownership or control are not responsible or liable for the content, materials, products and/or services offered over any third party websites, or for any collection, use and disclosure practices of such third parties. We reserve the right, in our sole discretion, to terminate third party links that we deem inappropriate or inconsistent with our Website.
We may make available on this Website links to and information about Operational Providers. These Operational Providers may offer special products, services and/or promotions to our website visitors. You acknowledge and agree that:
The notices and other information provided on our Website regarding Operational Providers offers or services are for informational purposes only. Such notices have been provided by the Operational Provider or other third parties, and we do not warrant its accuracy or completeness.
All transactions with Operational Providers are solely between you and the individual Operational Provider, not with the Company. We are not the agent, representative, trustee or fiduciary of you or the Operational Provider in any transaction.
All special offers appearing on our website may be subject to restrictions and limitations by the individual Operational Provider.
All transactions with Operational Providers are subject to the terms and conditions under which the Operational Provider agrees with you to provide goods and/or services.
Academy Leader, Inc. does not make any representations or warranties regarding, and is not liable for, the quality, availability or timeliness of goods or services provided by any Operational Provider. You undertake all transactions with Operational Providers at your own risk.
You will immediately notify us if an Operational Provider does not make available to you any goods, services and/or special offer that appears on our website.
Interactive Features and Code of Conduct
This website may present opportunities to transmit messages in a variety of media. The User must use these features in a courteous and lawful manner; user should refrain from using sexually explicit or obscene language. User is solely liable for any content transmitted to or posted on this website. We may provide access to interactive activities for our website visitors such as chat rooms, bulletin boards (also known as message boards) or auditoriums, collectively identified as "Interactive Areas." These Interactive Areas may be owned, operated and/or managed by entities other than Academy Leader, Inc., and these entities may share transcripts of Interactive Areas with us.
Any submissions or postings by visitors to certain parts of this website, including Interactive Areas, without limitation, will be public and posted in public areas on the Website. Academy Leader, Inc., its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents and any Operational Providers that conduct, operate and/or manage Interactive Areas, will not be responsible for the action of any visitors or other third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas or on our website.
Visitors must follow any posted guidelines for Interactive Areas, including any minimum age requirement identified for a specific Interactive Area. Visitors may be required to select a user name and password for the Interactive Areas and must protect the confidentiality of this user information. Interactive Areas may require additional registration information from other activities or features available on our Website.
For increased security, we also encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen or user name to identify yourself.
By participating in any Interactive or public areas on our Website, you agree to follow the Company's standards of conduct in addition to the standards or rules posted by the entity operating or managing Interactive Areas. Postings to public areas may not be reviewed by the Company prior to appearing on the Website. Nonetheless, Company reserves the right to: (i) change, delete, or remove, in part or in full, any postings on any portion of our website or in Interactive Areas; (ii) terminate or suspend access to such areas for conduct that we believe interferes with other peoples' enjoyment; and/or (iii) cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law.
You are responsible for all content and/or materials that you post, e-mail, transmit, upload or otherwise make available through our Website. You agree not to use our Website or Interactive Areas linked through our Website to make available any content, information or materials that: is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; contains unauthorized advertising or solicits other visitors; is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on this Website. When in doubt about appropriate behavior in Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect.
Any conduct by a participant in Interactive Areas that violates this Agreement in any way may result, at Company's discretion, in the suspension or termination of the visitor's registration and/or access to our website in addition to any other remedies.
Academy Leader, Inc. may provide access to interactive activities on a number of topics, but staff, contract or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority.
We may also post additional guidelines and/or code of conduct for certain events, including Interactive Areas. Any additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern.
Copyright Infringement Concerns
The Company and its affiliates respect the intellectual property of others. If you believe in good faith that materials or information appearing on this website infringes on your copyright, you (or your agent) may send us a notice, in accordance with the requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA), requesting that we remove or block access to the infringing Material. Notices should be sent to: legal @ Really Mad Cow . com immediately.
Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement is governed by the laws of the state of Florida, County of Pasco. Any dispute may be entered in Florida State Court or Florida Federal Court or by arbitration according to the rules of the American Arbitration Association, the choice thereof will be the sole choice of Academy Leader, Inc. The Company will be entitled to its reasonable expenses and attorneys' fees incurred in successfully defending any action related to this Agreement.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories, including some of the software on this Website. No content from this Website may be downloaded or otherwise exported in violation of the laws of the United States of America.
This Agreement constitutes the entire understanding of the parties and supersedes all prior written and oral agreements or communications with respect to the subject matter of this Agreement.
Effective: March 18, 2006