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This document is an agreement between Landmark Education (“Landmark”), users, Authorized Users and Members (defined below) of its online community service, “LandmarkConnect” It concerns the legal framework in which Authorized Users and Members participate on LandmarkConnect, the rights and responsibilities of Authorized Users and Members, and what Authorized Users and Members can expect from Landmark.

1. Acceptance of Terms

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE LANDMARKCONNECT SITE (THE "SITE") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Landmark provides a collection of online resources, including discussion groups, classified ads, games, newsletters, and various message services on the Site, subject to the following Terms of Use ("Terms"), which may be updated by Landmark from time to time without notice to you. You can review the most current version of the Terms at: http://www.landmarkeducation.com/display_content.jsp?top=31. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

MINORS MAY NOT USE OR BECOME MEMBERS OF THE SITE. By using or becoming members of the Site, you represent and warrant that you are at least 18 years old and that you possess the legal right to use the Site in accordance with the stated terms and usage policies.

Landmark’s use of your information and your use of the Site is governed by the Landmark privacy policy available at [insert URL] (the “Privacy Policy”).

2. Membership

Certain areas of the Site are restricted (“Restricted Areas”) to users who have become registered members (“Members”). You may become a Member by joining LandmarkConnect as set forth herein. Non-Members may have limited access to the Site provided that such non-Members (i) accept these Terms and the Privacy Policy; and (ii) create a username and password. After completing these steps you will become an authorized user (“Authorized User”). You agree that you are entirely responsible for maintaining the confidentiality of your password and account information, if any, and agree to notify Landmark if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Landmark of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Your username is your online identity. You may not establish a username currently registered to another user, and your username cannot be vulgar or otherwise offensive, or be used in any way that violates these Terms or the Privacy Policy. You may not provide false information during the process of establishing your username and password for access to the Site.

Becoming a Member
Members are afforded access to all areas of the Site, including Restricted Areas. To register as a Member, you can visit [http://www.landmarkeducation.com/display_content.jsp?top=502], select “Yes, I want to join LandmarkConnect,” accept the Terms of Use, and click on the Submit button. Membership begins when you receive confirmation of your registration.

Personal Use Only
Your right to use this Site is personal to you and you may not sublicense, transfer, sell, or assign your membership to any third party without our approval. Any attempt to do so will be void and may result in the immediate cancellation of your membership without notice.

Canceling Your Membership
You may cancel your membership at any time by visiting your Membership Management page.

3. Content

General Use Restrictions
Certain information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Landmark. The Materials are the copyrighted work of Landmark.
Landmark grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal informational use (that is, not distributed or otherwise transmitted or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials.

Any agreements you have entered into with Landmark as an employee, program leader, participant in any leadership or assisting program, or as a Tekniko licensee, supersede and are not nullified by the terms of this agreement.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Landmark.

Third Party Content
Certain information and content may be provided by third parties under license or otherwise to Landmark (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Landmark grants you the limited right to display the Third Party Content only on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms.

No Framing
You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Landmark or its licensors, respectively.

Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase of goods and/or services, or participate in promotions of advertisers, members or sponsors showing their goods and/or services on the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Landmark has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Landmark. Such links do not constitute an endorsement by Landmark of those sites. You acknowledge that Landmark is providing these links to you only as a convenience, and further agree that Landmark is not responsible for the content or terms of such sites.
Submissions
You acknowledge that you are responsible for the information and material that you submit (each a “Submission”), and that you, and not Landmark, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Landmark shall be free to use or disseminate a Submission which is posted on the Site or otherwise delivered to the Site on an unrestricted basis for any purpose whatsoever.

4. Conduct

Landmark asks that you respect the LandmarkConnect online community as well as other individuals participating within the LandmarkConnect online community. Bear in mind that your conduct should be guided by common sense and basic etiquette. To further these common goals, you agree not to post, send, or otherwise make available content (“Content”):

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, profane, obscene, libelous, invasive of another's privacy, or harmful to anyone in any way;
• that harasses, degrades, intimidates or is hateful toward an individual person or group of people on the basis of religion, gender, sexual orientation, race, ethnicity, age, physical type or disability;
• that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or identifying information about another person (including contact information) without that person's explicit consent;
• that is deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unauthorized by Landmark Education;
• that is a profile, or a job or housing listing, for anyone other than yourself;
• that includes links to commercial services or web sites without prior written permission from Landmark;
• that promotes, advertises, describes, solicits for or in any way alludes to competitors of Landmark;
• that, in discussion groups, promotes or solicits for any commercial, non-profit, charitable, or other business interests you may have whether they are your own or on behalf of any person, group, organization, or entity other than Landmark Education;
• that advertises for sale weapons or explosives; controlled substances including but not limited to tobacco products, alcoholic beverages, pharmaceuticals, illegal drugs; stolen or counterfeit items; goods or services that do not in fact exist; items that violate or infringe the rights of others; any items you do not have the right to sell; or any dangerous items;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site;
• that expresses or implies (without specific prior written consent) that any statement you make is endorsed by Landmark Education; or
• that employs misleading user names or addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.
• Additionally, you agree not to:
• include in your profile(s), posting(s), listing(s), or messages any telephone numbers, street addresses, last names, URLs, or email addresses other than where asked for by Landmark Education or the Site;
• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• forward or post messages someone has sent to you without their explicit permission;
• use automated means including but not limited to spiders, robots, crawlers, data mining tools or the like to download data from the Site. (Exception is made for Internet search engines, e.g. Google, and noncommercial public archives, e.g. archive.org.);
• use meta tags or code or other devices containing any reference to LandmarkConnect, Landmark or the Site in order to direct any person to any other Web site for any purpose;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on the Site or cause others to do so;
• post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• remove any copyright, trademark, or other proprietary rights notices contained in the Site;
• interfere with or disrupt the Site or the servers or networks connected to the Site;
• disrupt the flow of online discussions by hitting the Return key repeatedly or inputting large images so the screen goes by too fast to read, by using of excessive shouting (all caps) in an attempt to disturb other users, or by flooding (posting repetitive text). This is online vandalism, and it ruins the experience for others;
• exploit Landmark, the Site, or any games or services offered on LandmarkConnect for any commercial, non-profit, charitable, or other purposes;
• use LandmarkConnect in any way to promote, discuss, describe, or engage in the business of any competitor of Landmark;
• violate any applicable local, state, national or international law; or
• register, subscribe, attempt to register, attempt to subscribe, unsubscribe or attempt to unsubscribe any party for the Site.

You agree to support Landmark management and moderators by complying with these Terms. You also agree to promptly notify management and moderators of violations of these Terms. Further, you agree that Landmark has the right to delete or not display any post, terminate any account, or revoke access to users who do not comply with requests by management and moderators, with or without notice, at any time and for any reason, including our judgment that a user or member has violated these Terms. Notwithstanding the foregoing, you acknowledge that we have no obligation to monitor any Content, or delete Content that you personally find objectionable or offensive.

You acknowledge and agree that Landmark may, in its sole discretion, preserve or disclose Content, as well as email addresses, IP addresses, timestamps and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of Landmark, its users or the general public.

5. Shopping

Landmark and the Site also provide you with links to certain third party merchants (“LandmarkConnect merchants”). However, each individual LandmarkConnect merchant participating in the Site is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. The purchase of any product or service from a LandmarkConnect merchant at the Site is a transaction solely between you and that LandmarkConnect merchant. LANDMARK DOES NOT GUARANTEE, WARRANT OR ENDORSE ANY PRODUCT OR SERVICE SOLD BY A LANDMARKCONNECT MERCHANT THROUGH THE SITE, NOR DOES LANDMARK HAVE ANY LIABILITY OR RESPONSIBILITY FOR THE QUALITY OR PERFORMANCE OF ANY PRODUCT OR SERVICE SOLD TO YOU BY ANY LANDMARKCONNECT MERCHANT, AND ANY QUESTION OR DISPUTE YOU MAY HAVE REGARDING ANY SUCH PRODUCT OR SERVICE SHOULD BE ADDRESSED DIRECTLY TO THE RESPONSIBLE LANDMARKCONNECT MERCHANT. LANDMARK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY LANDMARKCONNECT MERCHANT OR YOUR RELATIONSHIP WITH SUCH LANDMARKCONNECT MERCHANT.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the LandmarkConnect merchant. With respect to applicable taxes, the LandmarkConnect merchant will advise you of the exact amount of tax due on your purchase, and LandmarkConnect has no responsibility whatsoever for any miscalculation or omission by a LandmarkConnect merchant of applicable taxes on any sale.

6. Limitations on Use

You acknowledge that Landmark may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, mailbox messages or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Landmark has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Landmark reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Landmark shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

7. Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain communications statutes and regulations and other applicable laws and regulations, as well as copyright laws, trademark laws, the laws of privacy and publicity. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Landmark and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Landmark or any other indemnified party in relation to, arising from or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

8. Disclaimer of Warranties

Your use of this Site is at your own risk. This Site may include certain inaccuracies or typographical errors that may affect the quality of the Materials and the Third Party Content. Neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Landmark, and you agree that Landmark does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. Landmark has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Landmark or our licensors.
LANDMARK, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE OR ANY MATERIALS OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANDMARK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE. IN NO EVENT SHALL LANDMARK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF LANDMARK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Export Control

Landmark controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

11. General

Landmark is not obligated to monitor your postings to the Site. However, in our efforts to promote good citizenship within the Internet community, if Landmark becomes aware of inappropriate use of the Site or any of our services, Landmark will respond in any way that, in our sole discretion, Landmark deems appropriate. You acknowledge that Landmark may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Landmark will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, Landmark reserves the right to terminate service to you without notice. Landmark’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by Landmark in our sole discretion, will result in immediate termination of service. You understand that Landmark has the right to terminate any membership for any reason that Landmark interprets as an abuse of the membership. You agree that Landmark, in its sole discretion, may delete or deactivate your account, block your user name or address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Landmark believes that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that Landmark shall not be liable to you or any third-party for any termination of your access to the Site.

You agree not to attempt to use the Site after said termination, and not to attempt to get around in any way an account termination or having been denied access, If you do make such attempt, Landmark may take further action including but not limited to preventing/disallowing your participation in any Landmark programs or services. If you use the Site on behalf of a Member whose membership has been terminated or access denied, your membership may also be terminated or your access denied without notice or warning. Because of our Privacy Policy we do not announce or discuss such terminated memberships or denials of access, and we ask that you also respect this policy

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Landmark to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Landmark in writing. The Terms comprise the entire agreement between you and Landmark and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

12. Trademarks

Landmark Education and LandmarkConnect are registered service marks of Landmark. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

13. Copyright Notice

All Web site design, text, graphics, the selection and arrangement thereof, are Copyright © 2006 Landmark Education„¥. ALL RIGHTS RESERVED. Any other use of materials on this Site, including modification, distribution, or republication, without prior written permission of Landmark Education is strictly prohibited.

14. Copyrights and Copyright Agents

Landmark respects the intellectual property of others, and we ask our users to do the same. You are legally and ethically responsible for any works -- writings, files, images or any other work -- that you post or transmit using any LandmarkConnect services, including, but not limited to discussion groups. In posting to LandmarkConnect, you are responsible for honoring the rights of others, including intellectual property rights (copyright, patent, trademark rights).
Landmark may, in appropriate circumstances and at our discretion, terminate service to users or members who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@landmarkeducation.com and provide Landmark’s copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Landmark’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
LANDMARK EDUCATION
ATTN: OFFICE OF THE GENERAL COUNSEL
353 SACRAMENTO STREET, SUITE #200
SAN FRANCISCO, CA 94111
FAX: (415) 616-2411

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