Introduction
SYMMETRIC TECHNOLOGIES, INC. (“SYMMETRIC” or “we”, “us” or “our”) owns and operates the website found at the URL www.buildalesson.com (“Build a Lesson”). SYMMETRIC offers access to Build a Lesson subject to these Terms of Use; by accessing Build a Lesson, you are accepting these Terms of Use and agreeing to be bound by them. If you have any questions relating to these Terms of Use, Build a Lesson, or SYMMETRIC, please email us at legal@buildalesson.com.
SYMMETRIC TECHNOLOGIES, INC. (“SYMMETRIC” or “we”, “us” or “our”) owns and operates the website found at the URL www.buildalesson.com (“Build a Lesson”). SYMMETRIC offers access to Build a Lesson subject to these Terms of Use; by accessing Build a Lesson, you are accepting these Terms of Use and agreeing to be bound by them.
If you have any questions relating to these Terms of Use, Build a Lesson, or SYMMETRIC, please email us at legal@buildalesson.com.
What Build a Lesson is
Build a Lesson is an online lesson building service where teachers and parents can build lessons online and make them available to their children or students. All digital content and all images, samples, and descriptions of that content found on Build a Lesson and provided by the owners of that content, are collectively referred to as “Teacher Content” in these Terms of Use; the owners are referred to as “Teachers.”You may have been referred to Build a Lesson through links or domains found on websites (“Affiliate Sites”) of third parties (“Affiliates”) who have entered into referral arrangements with us under the terms of our Affiliate Agreement. While on Affiliate Sites, your activities are subject to the terms of use and privacy policies of the Affiliate Sites, and not ours; and the Affiliates, and not SYMMETRIC, are solely responsible to you for any harm or loss you incur while on Affiliate Sites.
Build a Lesson is an online lesson building service where teachers and parents can build lessons online and make them available to their children or students. All digital content and all images, samples, and descriptions of that content found on Build a Lesson and provided by the owners of that content, are collectively referred to as “Teacher Content” in these Terms of Use; the owners are referred to as “Teachers.”
You may have been referred to Build a Lesson through links or domains found on websites (“Affiliate Sites”) of third parties (“Affiliates”) who have entered into referral arrangements with us under the terms of our Affiliate Agreement. While on Affiliate Sites, your activities are subject to the terms of use and privacy policies of the Affiliate Sites, and not ours; and the Affiliates, and not SYMMETRIC, are solely responsible to you for any harm or loss you incur while on Affiliate Sites.
How to use Build a Lesson
SYMMETRIC does not permit children under 13 to use the lesson building service provided by Build a Lesson. By using Build a Lesson to build online lessons, you represent you are at least 13 years of age. Use of Build a Lesson is permissive only. You may: Access Build a Lesson only through a web browser, and access password–protected portions of Build a Lesson only using the password chosen by you when you register as a user and establish an account as a “Registered User”. You are solely responsible for activities that occur through the use of your password. Become a Build a Lesson Affiliate and receive cash compensation for referring Registered Users and other Affiliates to Build a Lesson, if you are over 18 and have been accepted into our Affiliate Program, as further described in our Affiliate Agreement found at www.buildalesson.com/affiliateagreement. To the extent supported by Build a Lesson, post, upload, or transmit to Build a Lesson Lesson reviews as well as your thoughts, comments, suggestions, and criticisms for publication on our discussion forums (“User Content”), once you have registered to do so; by doing so, you grant to SYMMETRIC a nonexclusive license to edit, publish and display the User Content without restriction or payment to you, and you further represent and warrant that: The User Content is not confidential, You own or otherwise control all of the rights to the User Content, and The User Content is true and accurate and doesn’t violate any of these Terms of Use. We reserve the right, but have no obligation, to monitor and to remove User Content. Download, view, copy or print portions of Build a Lesson (but not Publisher Content, User Content, or Third Party Content, defined below, that is not yours) for personal, informational, and non–commercial purposes, as long as you do not change those portions and as long as you include all legal notices found on the website. Include a link to Build a Lesson on your website, as long as you do not suggest or imply that SYMMETRIC or Build a Lesson endorses or sponsors, or is affiliated with, you or your website, and as long as your website and its content are not Infringing or violating any intellectual property or proprietary, personal, publicity, privacy, or moral right, Defamatory or libelous, or tending to ridicule or embarrass, any person, Hate speech, or otherwise threatening or harmful, Pornographic, sexually suggestive, or exploitative, Obscene or profane or otherwise offensive, Deceptive, misleading or false, A virus, worm, Trojan Horse or other contaminating or destructive feature, and do not contain any of the foregoing; or In violation of any applicable law, regulation, or treaty, and does not solicit personal information from anyone under 13, promote an illegal or unauthorized copy of another person’s copyrighted work, such as (for example) providing pirated computer programs or links to them, providing information to circumvent manufacturer–installed copy–protect devices, or providing pirated music or links to pirated music files, involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; involve, without our prior written consent, commercial activities and/or sales such as contests, sweepstakes, barter, or pyramid schemes, or otherwise offer, promote, solicit, or constitute any unlawful activity. We reserve the right to revoke, at any time, this permission. You may not: Post, upload on or transmit to or via Build a Lesson any information or content that: Infringes or violates any intellectual property or proprietary, personal, publicity, privacy, or moral right; Defames or libels, or tends to ridicule or embarrass, any person; Constitutes hate speech or is threatening or harmful; Is pornographic, sexually suggestive, or exploitative; Is obscene or profane or otherwise offensive; Is deceptive, misleading or false, Is or contains a virus, worm, Trojan Horse or other contaminating or destructive feature; or Violates any applicable law, regulation, or treaty. Disrupt, block, interrupt, or otherwise interfere with others’ use of or access to Build a Lesson. Do anything that compromises our servers’ ability to offer access to Build a Lesson. Gain or attempt to gain unauthorized access to the account or computer system of any other Build a Lesson user or Registered User. Gain or attempt to gain access any password–protected portions of Build a Lesson other than by submitting your authorized password on the appropriate web page or web tools. Use or access Build a Lesson to violate any law, regulation or treaty. Access, monitor, copy or use Build a Lesson or any of its information or content other than as expressly permitted by these Terms of Use. SYMMETRIC may investigate and take action, including termination of accounts and legal action, against any illegal or unauthorized use of Build a Lesson, including but not limited to, any use that violates these Terms of Use.
SYMMETRIC does not permit children under 13 to use the lesson building service provided by Build a Lesson. By using Build a Lesson to build online lessons, you represent you are at least 13 years of age.
Use of Build a Lesson is permissive only. You may:
Access Build a Lesson only through a web browser, and access password–protected portions of Build a Lesson only using the password chosen by you when you register as a user and establish an account as a “Registered User”. You are solely responsible for activities that occur through the use of your password.
Become a Build a Lesson Affiliate and receive cash compensation for referring Registered Users and other Affiliates to Build a Lesson, if you are over 18 and have been accepted into our Affiliate Program, as further described in our Affiliate Agreement found at www.buildalesson.com/affiliateagreement.
To the extent supported by Build a Lesson, post, upload, or transmit to Build a Lesson Lesson reviews as well as your thoughts, comments, suggestions, and criticisms for publication on our discussion forums (“User Content”), once you have registered to do so; by doing so, you grant to SYMMETRIC a nonexclusive license to edit, publish and display the User Content without restriction or payment to you, and you further represent and warrant that:
We reserve the right, but have no obligation, to monitor and to remove User Content.
Download, view, copy or print portions of Build a Lesson (but not Publisher Content, User Content, or Third Party Content, defined below, that is not yours) for personal, informational, and non–commercial purposes, as long as you do not change those portions and as long as you include all legal notices found on the website.
Include a link to Build a Lesson on your website, as long as you do not suggest or imply that SYMMETRIC or Build a Lesson endorses or sponsors, or is affiliated with, you or your website, and as long as your website and its content are not
and does not
We reserve the right to revoke, at any time, this permission.
You may not:
SYMMETRIC may investigate and take action, including termination of accounts and legal action, against any illegal or unauthorized use of Build a Lesson, including but not limited to, any use that violates these Terms of Use.
Your Privacy
The Build a Lesson Privacy Policy is found at www.buildalesson.com/privacypolicy, and it forms part of these Terms of Use.
Legal
Intellectual Property Rights “Build a Lesson”, “buildalesson.com”, and other trademarks, service marks, trade names, slogans, and logos that appear on Build a Lesson are the property of SYMMETRIC or their respective owners. You may not use, copy, modify or display any of these trademarks, service marks, trade names, slogans, and logos without the prior express written permission of the trademark owner. With the sole exception of Teacher Content and User Content, Build a Lesson and all of its content and features, as well as its design, layout, architecture, and software, the collection, arrangement and assembly of those content and features, and all data used and generated by the website, including without limitation improvements, modifications, and derivative works thereof, are the property of SYMMETRIC or its licensors and are protected by United States and international copyright and other intellectual property laws, regulations and treaties. Nothing in these Terms of Use grant or will be deemed to grant to you any license or right in or to any copyright, trademark, trade secret or other intellectual property or proprietary, personal, publicity, privacy, or moral right of SYMMETRIC or its licensors. Infringement Claims If you believe that any Teacher Content, User Content, Third Party Content, or other content or feature of Build a Lesson infringes or otherwise violate your patent, trademark, copyright, trade secret, or other privacy right, publicity right, moral right, or other personal, intellectual property or proprietary right, or that of any third party, please contact us immediately. We will then ask you to provide information to substantiate your belief, including but not limited to a written statement, signed under oath and notarized, containing the following: Your name, address, telephone number, and e–mail address; Your statement that you are the owner or exclusive licensee of the intellectual property that is allegedly being infringed, or otherwise authorized to represent the owner or exclusive licensee thereof; A full, accurate and complete description of the allegedly infringing material and use; and Your statement that you in good faith believe on advice of counsel that the allegedly infringing material and use is neither permitted by applicable law nor authorized by the owner or exclusive licensee of the intellectual property that is allegedly being infringed. Upon our receipt of notice of possible infringement or other violation of a third party’s intellectual property or other proprietary rights, or upon request or order of a court of law, a federal or state regulatory agency, or law enforcement, SYMMETRIC will have the right, in its sole discretion, to remove or block access to the allegedly infringing Publisher Content, User Content, Third Party Content, or other content or feature of Build a Lesson, to disclose certain personally identifiable information of the alleged infringer to third parties, and to otherwise cooperate with any investigation or other proceeding. If you are the alleged infringer and we have removed or blocked access to your content, then we will notify you by email. You will have three (3) business days to object to this removal or block, which must take the form of a written statement, signed under oath and notarized, containing the following: Your name, address, telephone number, and e–mail address; Your statement that you are the owner or exclusive licensee of the intellectual property that is allegedly infringing, or otherwise authorized to represent the owner or exclusive licensee thereof; and Your statement that you in good faith believe on advice of counsel that the allegedly infringing material and use is expressly authorized by the owner or exclusive licensee of the intellectual property that is allegedly being infringed, that the allegedly infringing material and use is permitted by applicable law, or that the allegedly infringing material and use has been removed or blocked by our mistake. If we receive your objection, we may in our sole discretion restore access to the allegedly infringing Publisher Content, User Content, Third Party Content, or other content or feature of Build a Lesson. SYMMETRIC reserves the right, in its sole discretion, to terminate accounts or access to Build a Lesson by users who are repeatedly accused of being infringers. Disclaimers — Teacher Content, User Content, and Third Party Content, and Use Teacher Content is the property of its respective owners and not SYMMETRIC, and those owners, not SYMMETRIC, are responsible for Teacher Content. Teacher Content is subject to change from time to time without notice. Similarly, User Content and Third Party Content is the property of its respective owners and not SYMMETRIC, and those owners, not SYMMETRIC, are responsible for User Content and Third Party Content. SYMMETRIC reserves the right, but has no obligation, to examine or evaluate Teacher Content or User Content. The inclusion of Teacher Content and User Content on Build a Lesson does not prove, suggest, or imply SYMMETRIC’s endorsement or approval of that Teacher Content or User Content. Teacher Content and User Content represent the views of the poster(s) and do not represent the views of SYMMETRIC, and SYMMETRIC takes no responsibility and assumes no liability for any Teacher Content or User Content. We may from time to time display on Build a Lesson banner, popup, and other forms of advertisements from third parties, as well as links to third party websites (collectively, “Third Party Content”). SYMMETRIC is not responsible for Third Party Content or for any products or services or information it offers. The inclusion of Third Party Content on Build a Lesson does not prove, suggest, or imply SYMMETRIC’s endorsement or approval of that Third Party Content or of any products or services or information it offers. Use of Build a Lesson and Teacher Content, User Content, and Third Party Content is at your own risk. SYMMETRIC assumes no liability and is not responsible for any action you take in connection with your use of Build a Lesson, Teacher Content, User Content, or Third Party Content. Without limiting the generality of the foregoing, Build a Lesson and Teacher Content, User Content, and Third Party Content are not intended to provide, do not provide, and should be not be construed as providing, medical advice, diagnosis or treatment of any kind, legal advice of any kind, or financial, investment, or tax advice of any kind. and are not substitutes for any of this professional advice. You should consult qualified professionals in these fields for your medical, legal, financial, investment, or tax questions, concerns or problems. SYMMETRIC may at any time modify, or may discontinue, Build a Lesson, and disclaims any liability for any consequence which results from SYMMETRIC’s decision to modify or discontinue providing Build a Lesson. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SYMMETRIC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF BUILD A LESSON OR TEACHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, AND ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED THEREBY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON–INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SYMMETRIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED ON AND ACCESSIBLE VIA BUILD A LESSON, OR ANY TEACHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR USE OR RELIANCE THEREON. FINALLY, SYMMETRIC DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF BUILD A LESSON WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL SYMMETRIC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF BUILD A LESSON OR PUBLISHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. Modification We may modify any of the terms and conditions contained in these Terms of Use, at any time and in our sole discretion, by posting a change notice or new Terms of Use on Build a Lesson. These modifications are binding at the time of posting. Each time you access Build a Lesson you should check these Terms of Use to see these changes, because by accessing Build a Lesson you are accepting these changes and agreeing to be bound by them. If you wish to opt–out of these changes, you may do so at any time by terminating your account status with us — whether as a Registered User, Buyer, Publisher or Affiliate. If you are not a Registered User, Buyer, Publisher, or Affiliate, and you do not wish to agree to these changes, then you must discontinue your use of Build a Lesson. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR ACCOUNT OR TO DISCONTINUE USE OF BUILD A LESSON. YOUR CONTINUED USE OF BUILD A LESSON FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE ON BUILD A LESSON WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. Indemnification You will indemnify and hold SYMMETRIC and its directors, officers, employees, agents, and representatives harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising from or in connection with your use of Build a Lesson or any information or materials contained or displayed therein, including without limitation any Teacher Content, User Content, and Third Party Content, your violation of these Terms of Use, any User Content you post on Build a Lesson or otherwise provide to SYMMETRIC, or your violation of any rights of or any dispute between you and any Build a Lesson user, Registered User or any third party. Governing Law and Jurisdiction The laws of The Commonwealth of Massachusetts and the United States of America will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Any action arising out of the Terms of Use or your use of Build a Lesson will be brought only in the state or federal courts located in said Commonwealth and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods is disclaimed. International Users SYMMETRIC makes no representation that Publisher Content is appropriate to or available at locations outside of the United States. You may not use Build a Lesson to export Teacher Content in violation of U.S. and international export regulations. If you access Build a Lesson from a location outside of the United States, you are responsible for compliance with all applicable local laws. Miscellaneous You may not assign, delegate or otherwise transfer your rights and obligations under these Terms of Use. You may terminate your user account at any time by emailing us at legal@buildalesson.com. SYMMETRIC reserves the right to assign, delegate or otherwise transfer its rights and obligations under these Terms of Use. SYMMETRIC’s failure to act on any breach of any provision hereof will not be construed as a waiver of the enforcement of any provision unless SYMMETRIC agrees to such waiver in writing. If any portion of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void or unenforceable, that portion will be deemed severed from these Terms of Use, and the remaining provisions will remain in full force and effect. These Terms of Use set forth the entire understanding between you and SYMMETRIC with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and SYMMETRIC with respect to such subject matter.
Intellectual Property Rights
“Build a Lesson”, “buildalesson.com”, and other trademarks, service marks, trade names, slogans, and logos that appear on Build a Lesson are the property of SYMMETRIC or their respective owners. You may not use, copy, modify or display any of these trademarks, service marks, trade names, slogans, and logos without the prior express written permission of the trademark owner.
With the sole exception of Teacher Content and User Content, Build a Lesson and all of its content and features, as well as its design, layout, architecture, and software, the collection, arrangement and assembly of those content and features, and all data used and generated by the website, including without limitation improvements, modifications, and derivative works thereof, are the property of SYMMETRIC or its licensors and are protected by United States and international copyright and other intellectual property laws, regulations and treaties.
Nothing in these Terms of Use grant or will be deemed to grant to you any license or right in or to any copyright, trademark, trade secret or other intellectual property or proprietary, personal, publicity, privacy, or moral right of SYMMETRIC or its licensors.
Infringement Claims
If you believe that any Teacher Content, User Content, Third Party Content, or other content or feature of Build a Lesson infringes or otherwise violate your patent, trademark, copyright, trade secret, or other privacy right, publicity right, moral right, or other personal, intellectual property or proprietary right, or that of any third party, please contact us immediately. We will then ask you to provide information to substantiate your belief, including but not limited to a written statement, signed under oath and notarized, containing the following:
Your statement that you are the owner or exclusive licensee of the intellectual property that is allegedly being infringed, or otherwise authorized to represent the owner or exclusive licensee thereof;
A full, accurate and complete description of the allegedly infringing material and use; and
Your statement that you in good faith believe on advice of counsel that the allegedly infringing material and use is neither permitted by applicable law nor authorized by the owner or exclusive licensee of the intellectual property that is allegedly being infringed.
Upon our receipt of notice of possible infringement or other violation of a third party’s intellectual property or other proprietary rights, or upon request or order of a court of law, a federal or state regulatory agency, or law enforcement, SYMMETRIC will have the right, in its sole discretion, to remove or block access to the allegedly infringing Publisher Content, User Content, Third Party Content, or other content or feature of Build a Lesson, to disclose certain personally identifiable information of the alleged infringer to third parties, and to otherwise cooperate with any investigation or other proceeding.
If you are the alleged infringer and we have removed or blocked access to your content, then we will notify you by email. You will have three (3) business days to object to this removal or block, which must take the form of a written statement, signed under oath and notarized, containing the following:
Your name, address, telephone number, and e–mail address;
Your statement that you are the owner or exclusive licensee of the intellectual property that is allegedly infringing, or otherwise authorized to represent the owner or exclusive licensee thereof; and
Your statement that you in good faith believe on advice of counsel that the allegedly infringing material and use is expressly authorized by the owner or exclusive licensee of the intellectual property that is allegedly being infringed, that the allegedly infringing material and use is permitted by applicable law, or that the allegedly infringing material and use has been removed or blocked by our mistake.
If we receive your objection, we may in our sole discretion restore access to the allegedly infringing Publisher Content, User Content, Third Party Content, or other content or feature of Build a Lesson. SYMMETRIC reserves the right, in its sole discretion, to terminate accounts or access to Build a Lesson by users who are repeatedly accused of being infringers.
Disclaimers — Teacher Content, User Content, and Third Party Content, and Use
Teacher Content is the property of its respective owners and not SYMMETRIC, and those owners, not SYMMETRIC, are responsible for Teacher Content. Teacher Content is subject to change from time to time without notice. Similarly, User Content and Third Party Content is the property of its respective owners and not SYMMETRIC, and those owners, not SYMMETRIC, are responsible for User Content and Third Party Content.
SYMMETRIC reserves the right, but has no obligation, to examine or evaluate Teacher Content or User Content. The inclusion of Teacher Content and User Content on Build a Lesson does not prove, suggest, or imply SYMMETRIC’s endorsement or approval of that Teacher Content or User Content. Teacher Content and User Content represent the views of the poster(s) and do not represent the views of SYMMETRIC, and SYMMETRIC takes no responsibility and assumes no liability for any Teacher Content or User Content.
We may from time to time display on Build a Lesson banner, popup, and other forms of advertisements from third parties, as well as links to third party websites (collectively, “Third Party Content”). SYMMETRIC is not responsible for Third Party Content or for any products or services or information it offers. The inclusion of Third Party Content on Build a Lesson does not prove, suggest, or imply SYMMETRIC’s endorsement or approval of that Third Party Content or of any products or services or information it offers.
Use of Build a Lesson and Teacher Content, User Content, and Third Party Content is at your own risk. SYMMETRIC assumes no liability and is not responsible for any action you take in connection with your use of Build a Lesson, Teacher Content, User Content, or Third Party Content. Without limiting the generality of the foregoing, Build a Lesson and Teacher Content, User Content, and Third Party Content are not intended to provide, do not provide, and should be not be construed as providing,
and are not substitutes for any of this professional advice. You should consult qualified professionals in these fields for your medical, legal, financial, investment, or tax questions, concerns or problems.
SYMMETRIC may at any time modify, or may discontinue, Build a Lesson, and disclaims any liability for any consequence which results from SYMMETRIC’s decision to modify or discontinue providing Build a Lesson.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SYMMETRIC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF BUILD A LESSON OR TEACHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, AND ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED THEREBY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON–INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SYMMETRIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED ON AND ACCESSIBLE VIA BUILD A LESSON, OR ANY TEACHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR USE OR RELIANCE THEREON. FINALLY, SYMMETRIC DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF BUILD A LESSON WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL SYMMETRIC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF BUILD A LESSON OR PUBLISHER CONTENT, USER CONTENT, AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Modification
We may modify any of the terms and conditions contained in these Terms of Use, at any time and in our sole discretion, by posting a change notice or new Terms of Use on Build a Lesson. These modifications are binding at the time of posting. Each time you access Build a Lesson you should check these Terms of Use to see these changes, because by accessing Build a Lesson you are accepting these changes and agreeing to be bound by them. If you wish to opt–out of these changes, you may do so at any time by terminating your account status with us — whether as a Registered User, Buyer, Publisher or Affiliate. If you are not a Registered User, Buyer, Publisher, or Affiliate, and you do not wish to agree to these changes, then you must discontinue your use of Build a Lesson. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR ACCOUNT OR TO DISCONTINUE USE OF BUILD A LESSON. YOUR CONTINUED USE OF BUILD A LESSON FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE ON BUILD A LESSON WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Indemnification
You will indemnify and hold SYMMETRIC and its directors, officers, employees, agents, and representatives harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising from or in connection with your use of Build a Lesson or any information or materials contained or displayed therein, including without limitation any Teacher Content, User Content, and Third Party Content, your violation of these Terms of Use, any User Content you post on Build a Lesson or otherwise provide to SYMMETRIC, or your violation of any rights of or any dispute between you and any Build a Lesson user, Registered User or any third party.
Governing Law and Jurisdiction
The laws of The Commonwealth of Massachusetts and the United States of America will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Any action arising out of the Terms of Use or your use of Build a Lesson will be brought only in the state or federal courts located in said Commonwealth and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods is disclaimed.
International Users
SYMMETRIC makes no representation that Publisher Content is appropriate to or available at locations outside of the United States. You may not use Build a Lesson to export Teacher Content in violation of U.S. and international export regulations. If you access Build a Lesson from a location outside of the United States, you are responsible for compliance with all applicable local laws.
Miscellaneous
You may not assign, delegate or otherwise transfer your rights and obligations under these Terms of Use. You may terminate your user account at any time by emailing us at legal@buildalesson.com. SYMMETRIC reserves the right to assign, delegate or otherwise transfer its rights and obligations under these Terms of Use. SYMMETRIC’s failure to act on any breach of any provision hereof will not be construed as a waiver of the enforcement of any provision unless SYMMETRIC agrees to such waiver in writing. If any portion of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void or unenforceable, that portion will be deemed severed from these Terms of Use, and the remaining provisions will remain in full force and effect. These Terms of Use set forth the entire understanding between you and SYMMETRIC with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and SYMMETRIC with respect to such subject matter.