These Terms and Conditions govern your use of the Direct Hits Education and Direct Hits Publishing, both DBAs of Griffith Resources, Inc., ("Direct Hits") websites www.DirectHitsEducation.com and www.DirectHitsPublishing.com (the “Sites”), the services available through the websites (the "Website Services"), the Direct Hits Core Vocabulary and Toughest Vocabulary books (“Books”) and the services available through any companion application purchased on iTunes ("iTunes Services"). The Site, Website Services, Books and iTunes Services collectively constitute the Direct Hits products (“Products”). Please read the terms and conditions of use carefully before using any of the Products.
This Agreement is entered into between you as the User of the Product (the “User”, “You”, and “Your”) and Direct Hits. If you do not agree to these Terms you may not use the Products. Each time you use the Products, you reaffirm your acceptance of the then-current Terms. If you do not wish to be bound by these Terms, you may discontinue using the Products.
Direct Hits may change these Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Products. You are responsible for staying informed of any changes. If you do not agree with the modified Terms, your only remedy is to discontinue using the Products.
By registering to use the Products, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and to use the Products in accordance with these Terms.
- LICENSE AND PRODUCTS ACCESS
- Direct Hits grants you a limited license to access and make personal use of the Products. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Direct Hits. The license to use the Products does not include any resale or commercial use of the Products or its contents; or any derivative use of this Products or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of the Products for any commercial purpose. By using the Products, you warrant to Direct Hits that you will not use the Products, or any of the content obtained from the Products, for any purpose that is unlawful or prohibited by these Terms. Direct Hits does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them in or on the Products. If you violate any of these Terms, your permission to use the Products automatically terminates.
- In consideration of your use of the Products, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Direct Hits has the right to terminate your account and refuse any and all current or future use of the Products. You agree not to resell or transfer the Products or use of or access to the Products.
- You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify Direct Hits immediately of any unauthorized use of Your account, user name, or password. Direct Hits shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Direct Hits, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
- USER SUBMISSIONS The Site may contain various pages, bulletin board services or other communication facilities where you and other members may post content. You may only post content to the Site that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms. By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe any copyright nor any other third-party right nor violate any applicable law or regulation. Direct Hits does not claim ownership of any materials you provide to Direct Hits (including feedback and suggestions) or post, upload, input, provide or submit to the Site for review by members of the general public, or by members of any public or private group. However, by submitting or posting content to the Site, you grant Direct Hits, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the Site, Direct Hits does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Direct Hits owns all right, title, and interest in any compilation, collective work or other derivative work created by Direct Hits using or incorporating content posted to the Site.
- ACTIVITIES PROHIBITED ON THE SITE The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Direct Hits reserves the right to investigate and take appropriate legal action against anyone who, in Direct Hits’ sole discretion, engages in any prohibited activities. Prohibited activities include, but are not limited to, the following:
sing the Site for any purpose in violation of local, state, national, or international laws; • Posting material that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity or any other rights of any party; • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Direct Hits. Direct Hits takes no responsibility for monitoring such content or in evaluating it; • Posting advertisements or solicitations of business; • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); • Posting chain letters or pyramid schemes; • Impersonating another person; • Distributing viruses or other harmful computer code; • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; • Allowing any other person or entity to use your identification for posting or viewing comments; • Posting the same note more than once or “spamming”; • Harassing, threatening, stalking, or abusing any person; or • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Direct Hits, exposes Direct Hits or any of its customers or suppliers to any liability or detriment of any type.
Direct Hits reserves the right—but is not obligated—to do any or all of the following:
Record the dialogue or content posted on any pages of the Site; • Investigate an allegation that anything posted on the Site does not conform to these Terms and determine in its sole discretion to remove or request the removal of the posting; • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; • Terminate a user’s access to the Site upon any breach of these Terms and Conditions; • Monitor, edit, or disclose any posting on the Site; and • Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
- DIRECT HITS’S COMMUNICATIONS TO YOU You agree that Direct Hits may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Direct Hits’ Products, or for such other purpose(s) as Direct Hits deems appropriate.
- RELIANCE ON THIRD-PARTY CONTENT Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the Site and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. DIRECT HITS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE SITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL DIRECT HITS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE AND IN PRODUCTS OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
- RISK ASSUMPTION YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SITE AND PRODUCTS. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY DIRECT HITS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SITE AND PRODUCTS.
- TRADEMARKS, COPYRIGHTS AND DMCA POLICY
- Trademarks - Direct Hits, DirectHitsEducation.com, DirectHitsPublishing.com, and the Direct Hits logo (collectively, the “Direct Hits Marks”) are trademarks or registered trademarks of Direct Hits. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Direct Hits Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Direct Hits Marks generated as a result of Your use of the Website and Services will inure to the benefit of Direct Hits, and You agree to assign, and hereby do assign, all such goodwill to Direct Hits. You shall not at any time, nor shall You assist others to, challenge Direct Hits’ right, title, or interest in or to, or the validity of, the Direct Hits Marks.
- Copyrights - The Products are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without the express written permission of Direct Hits.
- DMCA Policy - If you believe any materials accessible on or from the Products infringe your copyright, you may request removal of those materials (or access thereto) by contacting Direct Hits (as set forth below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed. • Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work. • Identification of the material that you believe to be infringing and its location. • Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Direct Hits, 2 The Prado NE Unit 2, Atlanta, GA 30309 or by e-mail to Copyright@DirectHitsEducation.com. In an effort to protect the rights of copyright owners, Direct Hits maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
- WARRANTIES The Products and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, DIRECT HITS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Direct Hits makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site and Products. Direct Hits cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Direct Hits cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Direct Hits cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Direct Hits does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
- LIMITATION OF LIABILITY DIRECT HITS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DIRECT HITS IS TO DISCONTINUE YOUR USE OF THE PRODUCTS. DIRECT HITS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIRECT HITS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DIRECT HITS 'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- GOVERNING LAW THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED EXCLUSIVELY IN THAT STATE. ANY COURT OF COMPETENT JURISDICTION SITTING WITHIN FULTON COUNTY, GEORGIA WILL BE THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU FURTHER EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY CLAIM OR ACTION RELATING TO YOUR USE OF THE SOFTWARE, TOOLS AND SITE AND/OR THIS AGREEMENT.
- OTHER TERMS
- Modification of The Agreement - Direct Hits reserves the right to change these Terms without notice. You are responsible for regularly reviewing the Agreement. Your continued use of the Products constitutes your agreement to all such Terms as modified.
- Termination - Direct Hits has the right to terminate your account and access to the Products for any reason, including, without limitation, if Direct Hits, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms (either directly or through breach of any other terms and conditions or operating rules applicable to you). Direct Hits may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Products.
- Severability - If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver - A failure on the part of Direct Hits to enforce any part of this agreement shall not constitute a waiver of any of Direct Hits’ rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Direct Hits shall have legal effect.
- Notice - Any notice relating to this Site should be sent to us by email to info@DirectHitsEducation.com or should be mailed to Direct Hits, 2 The Prado NE Unit 2, Atlanta, GA 30309. We will contact you at the address you provide to us, or by posting a notice on the Site.
- Use in Other Locations - Direct Hits makes no representation that content on any part of the Products is appropriate or available for use in other locations. Those who choose to access any part of the Products from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Products may contain references to products or services not available in all countries. Direct Hits does not market all of its products or services in all countries.