Updated May 2018
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Disciplr Site is owned, controlled, or licensed by or to Disciplr, and is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international intellectual property rights and unfair competition laws.
You may use information and materials purposely made available by Disciplr from the Disciplr Site for educational purposes (either in a classroom setting, or for your ministry or personal use), provided that you: (1) do not remove any proprietary notice language; (2) use such information and materials only for non-commercial or ministry purposes and do not copy or post such information or materials on any publicly accessible website or broadcast or distribute it beyond the scope of its intended use; (3) make no modifications to any such information or materials, except as otherwise permitted in separate terms provided with specific Content; and (4) do not make any additional representations or warranties relating to such documents. Such information and materials are provided to you on a nonexclusive, personal, nontransferable, revocable, and limited basis only.
DISCIPLR™ and related logos and marks, and other trademarks, service marks, names and logos used on the Disciplr Site are owned by Disciplr or its licensors or affiliates. All rights not expressly granted are hereby reserved.
Your Disciplr Account is personal to you. You are responsible for maintaining the confidentiality of your Disciplr Account and password and for restricting access to your Disciplr Account, and you agree to accept responsibility for all activities that occur under your Disciplr Account. Disciplr reserves the right to refuse service, terminate or disable the Disciplr Site (or any portion of the Disciplr Site) or any Disciplr Accounts, remove or edit Content, or reject or cancel orders in its sole discretion. You must notify Disciplr immediately of any breach of or unauthorized use of your Disciplr Account.
Purchases; Other Terms and Conditions
Disciplr’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Disciplr Site should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of Disciplr.
You must input a valid credit card number and expiration date before you will be allowed to purchase or license products or Content (including subscriptions) from the Disciplr Site, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize Disciplr to charge your credit card for all expenses incurred on your Disciplr Account. If you dispute any charge on your Disciplr Account, then you must contact Disciplr within 10 days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. Disciplr takes reasonable steps to ensure that all data transmitted by Disciplr is done safely and privately; however, despite those steps, Disciplr cannot guarantee the complete security of all credit card and other data transmitted by Disciplr or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the Disciplr Site, including the transmission of credit card and other data.
Disciplr may make changes to any Content, products, services or features offered on the Disciplr Site, or to the applicable prices for any such Content, products, services or features, at any time, without notice. Disciplr attempts to be as accurate as possible. However, Disciplr does not warrant that product descriptions or other information about any Disciplr product or service are complete, reliable, current, or error-free. Disciplr reserves the right to cancel any transaction.
The Disciplr Site may use encryption technology to protect information from access by unauthorized third parties. DISCIPLR AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with Disciplr, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the Disciplr Site, you agree to indemnify and hold harmless Disciplr, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information.
Links to Other Sites
This Disciplr Site may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Disciplr’s control, and Disciplr is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Your Use of the Disciplr Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Disciplr Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Disciplr Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Disciplr Site. Disciplr reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Disciplr Site, or any other systems or networks connected to the Disciplr Site or to any Disciplr server, or to any of the services offered on or through the Disciplr Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Disciplr Site or any network connected to the Disciplr Site, nor breach the security or authentication measures on the Disciplr Site or any network connected to the Disciplr Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Disciplr Site, or any other customer of Disciplr, including any Disciplr Account not owned by you, to its source, or exploit the Disciplr Site or any service or information made available or offered by or through the Disciplr Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Disciplr Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Disciplr Site or Disciplr’s systems or networks, or any systems or networks connected to the Disciplr Site or to Disciplr.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Disciplr Site or any transaction being conducted on the Disciplr Site, or with any other person’s use of the Disciplr Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Disciplr on or through the Disciplr Site or any service offered on or through the Disciplr Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
When using the Disciplr Site, be polite and obey the law. At all times while visiting the Disciplr Site and participating in, accessing, and using a Disciplr Site’s features, you must conduct yourself in a polite, courteous and respectful manner, and you must comply with all applicable laws, rules and regulations. Your failure to follow these guidelines may result in the suspension or termination of your Disciplr Account, or other action as Disciplr deems appropriate.
The Disciplr Site may allow you to upload certain content. You are solely responsible for all content created, provided, uploaded, linked, or posted by you or by any person using a personal account registered to, by or on behalf of you (collectively “User Content”). You hereby agree:
- to comply with the laws of the United States and the state of Colorado, including without limitation laws governing the transmission of technical data exported from the United States through the internet and other electronic media;
- not to disrupt, interfere with, or access without permission (“hack”) the Disciplr Site or any website, network, server, system, or computer connected thereto;
- not to use the Disciplr Site for or in connection with chain letters, junk mail, or spamming, and not to contact any other user without his or her prior consent;
- not to create, provide, upload, link, post, or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful User Content or information on, to or through the Disciplr Site;
- not to create, provide, upload, link, post, or transmit any User Content or information on, to, or through the Disciplr Site which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law;
- not to create, provide, upload, link, post, or transmit any User Content or information on, to, or through the Disciplr Site which is libelous, obscene, or infringes upon or otherwise violates the intellectual property rights or other proprietary or privacy rights of any third party; and
- not to intentionally interfere with the operation of the Disciplr Site or the use and enjoyment thereof by other users or third parties.
DISCIPLR DOES NOT PROMISE THAT THE DISCIPLR SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE DISCIPLR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DISCIPLR SITE WILL PROVIDE SPECIFIC RESULTS. THE DISCIPLR SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DISCIPLR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE DISCIPLR SITE OR ELECTRONIC COMMUNICATIONS SENT FROM DISCIPLR WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCIPLR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DISCIPLR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DISCIPLR SITE AND/OR ANY DISCIPLR SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DISCIPLR SITE OR A DISCIPLR ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DISCIPLR FOR DISSATISFACTION WITH THE DISCIPLR SITE OR ANY CONTENT IS TO STOP USING THE DISCIPLR SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Disciplr reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Disciplr Site, or any portion of the Disciplr Site or Disciplr Account, for any reason; (2) to modify or change the Disciplr Site or any portion of the Disciplr Site; and (3) to interrupt the operation of the Disciplr Site, or any portion of the Disciplr Site or a Disciplr Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Disciplr (or its directors, officers, employees, contractors, agents, affiliates, or assigns) be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Disciplr has been advised of the possibility of such damages.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Disciplr, its officers, directors, employees, contractors, agents, affiliates and assigns, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Disciplr by any third party due to or arising out of or in connection with your use of the Disciplr Site. This obligation shall survive your use of the Disciplr Site.
Disciplr may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Disciplr Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the Disciplr Site, Content, Disciplr’s rights or property, or the rights or property of visitors to or users of the Disciplr Site, including Disciplr’s customers. Disciplr reserves the right at all times to disclose any information that Disciplr deems necessary to comply with any applicable law, regulation, legal process or governmental request. Disciplr also may disclose your information when Disciplr determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Disciplr may, in its sole discretion and without prior notice, terminate your access to the Disciplr Site or a Disciplr Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Disciplr Site or any service offered on or through the Disciplr Site, or (3) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Although the Disciplr Site is accessible worldwide, not all Content, features, products or services discussed, referenced, provided or offered through or on the Disciplr Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Disciplr reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area. Any offer for any Content, feature, product or service made on the Disciplr Site is void where prohibited. If you choose to access the Disciplr Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Disciplr Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Disciplr may provide access to international data and, therefore, may contain references or cross references to Disciplr products, programs and services that are not announced in your country. Such reference does not imply that Disciplr intends to announce or provide such products, programs or services in your country.
Notice of Claims of Copyright Infringement
As a user of a Disciplr Site, please respect the intellectual property rights of others. If you believe any Content constitutes copyright infringement of (i) one of your copyrighted works, or (ii) a copyrighted work of a copyright owner who has authorized you to act on his/her behalf, please provide us with the following information, in writing:
- your electronic signature or actual physical signature;
- a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works;
- a description of where the material that you claim is infringing is located on the Disciplr Site, such description must be reasonably sufficient to enable us to find the allegedly infringing material;
- your address, telephone number, and email address (if you have an email address);
- a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright in the allegedly infringed work or that you are authorized to act on behalf of the copyright owner of the allegedly infringed work.
You should provide the complete copyright infringement notice described above in writing to Disciplr’s Copyright Agent for notification of your claim of copyright infringement. The Copyright Agent may be contacted by mail, fax, or email as follows:
Disciplr Copyright Agent
4050 Lee Vance Dr
Colorado Springs, CO 80918
By fax: 719-536-3265
By email: firstname.lastname@example.org
Upon receipt of a valid notice, Disciplr shall review the notice and determine whether the claimed infringing material should be removed from the Disciplr Site and provide an opportunity and notice to the posting party to respond to your claims. If Disciplr receives a counternotice, rejecting your claims, we shall provide you with a copy and will comply with applicable law in responding to same.
Feedback and Communications
Any feedback you provide at this Disciplr Site shall be deemed to be non-confidential. Disciplr shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to Disciplr the perpetual, royalty-free right and license to use such feedback or information without further obligation to you.
When you send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Disciplr Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business.
You may contact Disciplr by writing, calling, or emailing us at the following:
4050 Lee Vance Dr
Colorado Springs, CO 80918
1-800-536-0100 Ext. 3255