Effective May 25, 2018
THESE TERMS AND CONDITIONS OF USE ARE EFFECTIVE MAY 25, 2018 AND SUPERSEDE ALL OTHER TERMS APPLICABLE TO THE DRUPALIZE.ME SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THE DRUPALIZE.ME SERVICE.
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND/OR ANY INSTRUCTIONAL MATERIAL. BY ACCESSING THIS SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. BY USING THE DRUPALIZE.ME SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF ANY MODIFICATIONS WE MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED TERMS AND CONDITIONS OF USE.
1. Contact Information
Lullabot Education, Inc. is a Rhode Island corporation with its principal office at 11 South Angell Street #499, Providence, RI 02906.
Postal mail should be sent to its mail drop (Lullabot Education does not maintain an office in North Carolina):
500 Westover Dr #4424
Sanford, NC 27330
“Access” or “Accessing” means accessing, using, viewing the Drupalize.Me Content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
“Drupalize.Me Service” means the subscription service to obtain access to Drupalize.Me Content.
“Lullabot Education” refers to Lullabot Education, Inc., a Rhode Island corporation.
“Drupalize.Me Content” refers to the collection of videos and other instructional material made available to Members of Drupalize.Me
“Member” refers to any person or entity that purchases or uses a membership to the Drupalize.Me Service.
“User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
“Website” or “Site” refers to the website maintained on the World Wide Web by Lullabot Education available at https://drupalize.me and includes Drupalize.Me Content.
“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, it refers to the User and the User’s principal.
3. Modification of Terms
Lullabot Education reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Lullabot Education gives notice to the User. Notice can be given through email, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License
Lullabot Education hereby grants each Member a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Site according to the provisions contained herein, and subject to the payment of the applicable membership fees and adherence to these Terms.
5. Fees; Renewal; Refund Policies
Memberships are on an recurring basis, either monthly or annually, and provide the Member with Access to the entire Drupalize.Me Content.
- Memberships automatically renew on the same date of each corresponding month or year, or on final date of the month if there is no corresponding date (e.g. January 31, 2018 membership renews on February 28, 2018).
- Fees are automatically charged on renewal date.
- Membership renewal may be canceled at any time by the Member. Upon canceling renewal the Member will retain Access to the entire Drupalize.Me Content until the end of the paid renewal period.
- Membership fees are non-refundable; except that Member may cancel renewed membership in writing up to three (3) calendar days after the renewal date and receive a full refund of the new membership fees.
- Discounts, rebates or other special offers are only valid for initial term; memberships renew at the then-current full membership rates, unless otherwise specified.
- Lullabot Education may increase membership fees for a subsequent membership period at any time and for any reason, provided that Lullabot Education provides notice at least thirty (30) calendar days prior to the expiration of the membership.
- Lullabot Education may terminate the membership and Member's contract if it is unable to renew the membership based on inaccurate or outdated credit card information.
- Right of Access to Drupalize.Me Content granted under these Terms is effective only upon payment of the membership fees.
6. Access to Drupalize.Me Content; Modification of Content
Lullabot Education strives to provide Drupalize.Me Content to its Members on a continuous basis. To that end, Lullabot Education will take all commercially reasonable efforts to provide uninterrupted Access to the Drupalize.Me Content to its Members. However, from time to time, Members may be unable to Access the Drupalize.Me Content due to conditions beyond Lullabot Education’s control. Such conditions include, but are not limited to, force majeure events such as acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, and regular maintenance of the Site. In response to any unavailability of the Drupalize.Me Content to its Members, Lullabot Education will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. Lullabot Education endeavors to provide the highest quality content to its Members. To that end, Lullabot Education reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
7. Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Lullabot Education’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to Drupalize.Me Content using Your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate Lullabot Education’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Lullabot Education.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any email so that the email appears to be generated by Lullabot Education.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Lullabot Education reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to Drupalize.Me Content to any person or entity whose use of Drupalize.Me Content suggests Prohibited Conduct. Access of the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of Drupalize.Me Content and will result in revocation or denial of Access to Drupalize.Me Content. The terms “normal patterns” and “abuse” shall be determined solely by Lullabot Education. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations. If you believe your intellectual property rights have been violated, you may submit an infringement notification to the address set forth in Section 17 below.
8. LIMITED WARRANTIES
Lullabot Education warrants that the software that allows Users to Access Drupalize.Me Content (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. LULLABOT EDUCATION PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. ALTHOUGH LULLABOT EDUCATION HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
USER ACCESSES THIS SITE AT HIS/HER/THEIR/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. LULLABOT EDUCATION DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. LULLABOT EDUCATION DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL LULLABOT EDUCATION OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT LULLABOT EDUCATION RECEIVED FROM THE MEMBER FOR A MEMBERSHIP TO ACCESS THE DRUPALIZE.ME CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL LULLABOT EDUCATION BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LULLABOT EDUCATION RECEIVED FROM THE MEMBER FOR A MEMBERSHIP TO ACCESS DRUPALIZE.ME CONTENT, EVEN IF LULLABOT EDUCATION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF LULLABOT EDUCATION, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LULLABOT EDUCATION IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF LULLABOT EDUCATION IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. LULLABOT EDUCATION DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT LULLABOT EDUCATION RECEIVED FROM THE MEMBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
10. Third-Party Content; Hyperlinks
You acknowledge that Lullabot Education does not pre-screen third-party materials. Lullabot Education is not the publisher or author of any information on the Site that is provided by third-party content providers, and Lullabot Education is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Lullabot Education’s use of the content constitutes neither an endorsement nor a recommendation by Lullabot Education of the content. Lullabot Education assumes no responsibility for third-party products or services. Lullabot Education may contain links and references to other third-party websites and materials. Lullabot Education does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Lullabot Education does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. Lullabot Education may disable any hyperlink to the Site. Lullabot Education has the right but not obligation to monitor third-party websites and hyperlinks to the Site. LULLABOT EDUCATION MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, LULLABOT EDUCATION DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights, Trademarks and Other Proprietary Rights
Lullabot Education or its third-party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code not falling under an open source license, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Lullabot Education. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Drupalize.Me Content may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Lullabot Education, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Lullabot Education’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Lullabot Education, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Lullabot Education and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
13. Security; Authorized Use
Users are prohibited from violating or attempting to violate the security of the Site. Lullabot Education has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Lullabot Education may suspend Your Access while it conducts an investigation. Users are required to enter a username and password to Access Drupalize.Me Content. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your username and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, username or password of someone else at any time. You agree to notify Lullabot Education immediately of any unauthorized use or loss of Your account, username, password and/or credit card information. You also agree to notify Lullabot Education immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Lullabot Education will not be liable for any loss that You incur as a result of someone else using Your username and password with or without Your knowledge. You may be held liable for any losses incurred by Lullabot Education, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, username or password. Lullabot Education will never ask You for Your password. If You need a new username and/or password, Lullabot Education will generate a new username and password automatically through its computers and send it to Your email.
14. Termination of Agreement
In addition to Lullabot Education’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Lullabot Education may also terminate Access to Drupalize.Me Content or cancel memberships to the Drupalize.Me Service without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Lullabot Education deems inappropriate. The provisions in this Section and those in Sections 7, 8, 9, 11, 15, 16, 18 and 19 as well as each Member’s obligation to pay outstanding membership fees shall survive any termination of this Agreement.
This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that Lullabot Education may assign this Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 16 will be null and void.
Any notice or communication under this Agreement must be in writing. Customer must send any notices under this Agreement (including infringement and breach notices) to Lullabot Education at the following address, [email protected], and include “Attn. Legal Department” in the subject line. Lullabot Education may send notices to the e-mail addresses on Customer’s account or, at Lullabot Education’s option, to Customer’s last-known postal address. Lullabot Education may also provide operational notices regarding Drupalize.me or other business-related notices through conspicuous posting of such notice on the Website. Each party hereby consents to receipt of electronic notices. Lullabot Educationis not responsible for any automatic filtering Customer or its network provider may apply to email notifications.
18. Governing Law; Dispute Resolution; Forum and Venue
This Agreement will be governed by the laws of the State of Rhode Island applicable to contracts executed and fully performed in Rhode Island. The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement, regardless of when or where adopted.
In the event of a dispute, the parties shall engage in a good faith effort to reach an amicable resolution, with or without the assistance of a mediator, prior to commencing legal action. The parties hereby consent to the exclusive jurisdiction of the State and Federal courts in Providence County, State of Rhode Island, to adjudicate any dispute that may arise between them. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. The substantially prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys’ fees and costs for the action.
These Terms constitute the entire agreement between Lullabot Education and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Lullabot Education and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Lullabot Education may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Lullabot Education’s remedies are cumulative and not exclusive. Failure of Lullabot Education to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Lullabot Education makes no representation that the content of the Site is appropriate or available for use in all locations. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.