The Terms of Use is a legal agreement between you and Higher Rock Education and Learning, Incorporated. Please read this agreement carefully. Use of this web site constitutes agreement to the following terms. If you do not agree, please exit the web site immediately.
Higher Rock Education and Learning, Inc. is a corporation organized in the State of North Carolina. Higher Rock Education and Learning, Inc. is applying for an application as a tax exempt corporation under tax code section 501 (c) (3). Higher Rock Education and Learning, Inc. claims all rights of ownership of all the content on this site, now, in the past or in the future, including but not limited to its trademarks, pending trademarks, copyrights, pending copyrights, logo, software, designs, text, homework problems, quizzes, tests, interactive exercises, videos, pictures and other intellectual property. Higher Rock Education and Learning, Inc. is protected by US copyright laws and applicable international property laws. There will be references to other trademarks from other firms on the web site. Use of the trademarks by Higher Rock Education and Learning, Inc. does not indicate sponsorship, endorsement, partnership or affiliation with these entities. In addition, Higher Rock Education and Learning, Inc. provides many links to other web sites as part of the curriculum. Higher Rock Education and Learning, Inc. has no control over these web sites, and cannot assume the liability for their content. Furthermore, Higher Rock Education and Learning, Inc. does not express any opinion on or guaranty the accuracy of the link. Most lessons include links to other sources in an effort to provide relevance to the lesson.
Higher Rock Education and Learning, Inc. intends to provide multiple views from reliable sources but has no control over the third party web sites. Occasionally these web sites may alter the content or advertising to offensive material. We cannot and do not guarantee, represent or warrant that the content is accurate, legal or inoffensive. Furthermore we cannot warrant that those web sites do not contain viruses or codes that may harm your computer. By using the web site and links, you acknowledge the risk of damage and agree that Higher Rock Education and Learning, Inc. is not directly or indirectly responsible for any damages, direct or indirect, caused by your linking to the web site via Higher Rock Education and Learning, Inc.’s site and that Higher Rock Education and Learning, Inc. does not warrant that the linked web sites do not contain damaging material. Please notify Higher Rock Education and Learning, Inc. of a problem with any link or of any content which you deem to be inappropriate at info@higherrockeducation.com so that Higher Rock Education and Learning, Inc. can assess the issue and, in its discretion, act appropriately to alleviate the same. Higher Rock Education and Learning, Inc. is committed to excellence, and your cooperation in this regard is appreciated.
Management at Higher Rock Education and Learning, Inc. reserves the right to change the Terms of Use at any time at its sole discretion. If such changes occur, you will be notified in an email sent to the address which you registered with Higher Rock Education and Learning, Inc. However, Higher Rock Education and Learning, Inc. cannot be held responsible for failure to communicate directly with you as the user. It is your responsibility to check the Terms of Use regularly. If the Terms of Use are unacceptable, please exit the web site and discontinue use of the web site as well as any and all Higher Rock Education and Learning, Inc. materials. Your continued use of the website and related materials constitutes your agreement to the modified Terms of Use.
The web site and all its contents including but not limited to text, videos, interactive learning exercises, homework, test and quiz questions and linked articles are the property of Higher Rock Education and Learning, Inc. or the original copyright holder. Users of the site are permitted to download, print, distribute or display information contained on the site for educational, noncommercial use only, provided the copyright and proprietary notices are retained. The programs of Higher Rock Education and Learning, Inc. are intended for use with certain versions of other products, e.g. Excel. In the event that you do not run the programs with the intended products, the programs may not have the effect that is intended by Higher Rock Education and Learning, Inc., and outcome for which you agree to hold Higher Rock Education and Learning, Inc. harmless. Users are not permitted to upload, transmit, embed or make available any material that infringes upon Higher Rock Education and Learning, Inc.’s copyrights, trademarks or other intellectual property. Unauthorized use of any content is strictly prohibited. This includes, but is not limited to, reselling, leasing, transferring, lending, reverse engineering, disassembling, modifying, adapting, removing, defacing or obscuring any trademark, logo or copyright or acting in any manner which would jeopardize the overall integrity of Higher Rock Education and Learning, Inc.’s products, in its sole discretion . We reserve the right to terminate offenders without reimbursement. Higher Rock Education and Learning, Inc. shall not be liable for any direct or indirect damages resulting in loss of use, loss of data, negligence, misuse of the site by a user or other third party, or any other use of the site or the information contained on the site.
Should you choose to link to this site, you may do so only if you agree to this Terms of Use Agreement at all times. You also agree to remove the link immediately upon the written request of Higher Rock Education and Learning, Inc., which request may be made at any time at the sole discretion of Higher Rock Education and Learning, Inc. For purposes of this paragraph, an email request from Higher Rock Education and Learning, Inc. shall constitute a written request.
Any requests or questions should be addressed to info@higherrockeducation.com. Any copyright owner or copyright agent who believes there has been an infringement upon its copyrights by Higher Rock Education and Learning, Inc. must notify the copyright agent for Higher Rock Education and Learning, Inc. with the following information: identification of the material deemed to be in violation with the location on Higher Rock Education and Learning, Inc.’s web site, identification of work that has been infringed upon, contact information, and a written statement from said owner or agent that said owner or agent has a good faith belief that the disputed use is not authorized by the copyright owner. The copyright agent for Higher Rock Education and Learning, Inc. has the following address:
Ms. Kelly Mackay, Attorney
Walker Lambe Rhudy Costley & Gill, PLLC
PO Box 51549
Durham, NC 27717
From time to time Higher Rock Education and Learning, Inc. will offer forums, bulletin boards, or chat rooms for users to post their opinions and ideas. These and other comments are not private. Higher Rock Education and Learning, Inc. prohibits the posting, transmitting or submitting any unlawful, obscene, inflammatory, pornographic, defamatory, or any other material that could cause injury and would give rise to a civil liability and harm Higher Rock Education and Learning, Inc. ’s reputation, in the sole discretion of Higher Rock Education and Learning, Inc. Higher Rock Education and Learning, Inc. also reserves the right to review, edit, move or delete any user content in its sole discretion. In the event such prohibited information is submitted, Higher Rock Education and Learning, Inc. reserves the right to terminate this agreement without refund and, if applicable, to participate with governmental authorities in any investigation. Higher Rock Education and Learning, Inc. does not necessarily support, agree or endorse the opinions posted by third parties and cannot be held responsible for their content. Such views are the opinions and responsibility of those who posted them.
Furthermore, you may not request passwords or other personal information from students that may be used for soliciting commercial messages or unlawful uses. No user may commit plagiarism by impersonating another student. You may not disrupt the ordinary operation of Higher Rock Education and Learning, Inc.’s web site by purposely invading and altering our software.
If you discover any violations, please contact Higher Rock Education and Learning, Inc. immediately at info@higherrockeducation.com. It is the desire and goal of Higher Rock Education and Learning, Inc. to respond as quickly as possible to protect the integrity of its lessons and the company.
Presently all users have free access to all the material at www.higherrockeducation.org. However, we may in the future charge for a course or bundle of lessons. Donors may also use a credit card. In the event Higher Rock Education and Learning, Inc collects personal information, Higher Rock Education and Learning, Inc. is committed to keeping your personal information private and secure. Personal information is collected in order for Higher Rock Education and Learning, Inc. to deliver relevant content and in order for Higher Rock Education and Learning, Inc. to analyze and generate statistics to be used in improving its service. Your personal information will be kept anonymous in these reports. Higher Rock Education and Learning, Inc. may use your anonymous information for its marketing purposes but agrees not to sell, lease or lend any of your personal information.
When you give Higher Rock Education and Learning, Inc. credit card information to complete a purchase, that credit card number is transmitted in an encrypted format using industry-standard, 128-bit SSL (secure socket layer) encryption. In addition to encryption, your account is password-protected so that you and only you have access to this personal information. Please do not disclose your password to anyone. Also, remember to log out of your Higher Rock Education and Learning, Inc. account by closing your web browser when your purchases are complete. This keeps your account safe if you use your computer in a public place, like an office or library. Higher Rock Education and Learning, Inc. does not retain your credit card information. Instead, Higher Rock Education and Learning, Inc. has contracted with PayPal to process your credit card. PayPal uses the latest technology to minimize the risk of identity theft. While Higher Rock Education and Learning, Inc. is certainly dedicated to doing all it can to protect your personal information, Higher Rock Education and Learning, Inc. cannot warrant the security of any information during transmission for these purposes, and you transmit the same to Higher Rock Education and Learning, Inc. at your own risk.
Higher Rock Education and Learning, Inc. is committed to providing personalized service to you. In order to do so, Higher Rock Education and Learning, Inc. may use cookies to store information about you. A cookie is a small amount of text that is sent to your browser from a Web server and stored on your computer's hard drive. Higher Rock Education and Learning, Inc. asks permission to place the cookie on your computer's hard drive. If you agree by configuring your browser to accept cookies, then your browser adds the text in a small file. Higher Rock Education and Learning, Inc. uses cookies to tell the company you have visited its site before and to keep track of your online order. They are simply to help Higher Rock Education and Learning, Inc. simplify and enhance your shopping experience.
Higher Rock Education and Learning, Inc. strives to provide accurate and informative material. However, the lessons may contain inaccuracies including typographical errors, inaccurate information, incomplete content or other errors. When discovered, Higher Rock Education and Learning, Inc. will try to fix the errors in a timely manner. Furthermore Higher Rock Education and Learning, Inc. may change the content without notice. Higher Rock Education and Learning, Inc. does not warrant the completeness of the content on our web site.
YOU ACKNOWLEDGE THAT YOU ARE USING HIGHER ROCK EDUCATION AND LEARNING, INC. AT YOUR OWN RISK. THE SITE AND THE CONTENT AVAILABLE THROUGH THE SITE AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SITE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OF WARRANTY OF ANY KIND, AND HIGHER ROCK EDUCATION AND LEARNING, INC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, PROVIDED BY THE SITE OR PROVIDED BY ANY LINK TO ANY OTHER WEB SITE FROM THE HIGHER ROCK EDUCATION AND LEARNING, INC.’S SITE. HIGHER ROCK EDUCATION AND LEARNING, INC. DOES NOT REPRESENT OR WARRANT THE ACCESS LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. HIGHER ROCK EDUCATION AND LEARNING, INC. IS NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, INCLUDING ARTICLES CHOSEN BY THE HIGHER ROCK EDUCATION AND LEARNING, INC. AS RELEVANT ARTICLES, ACTIONS BY ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HIGHER ROCK EDUCATION AND LEARNING, INC. , NOR ITS SERVICE PROVIDERS, LICENSORS, OFFICERS, MEMBERS, MANAGERS OR EMPLOYEES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, RESTRECTED OR TERMINATED USE OF THE SITE, DATA, ACCESS OR OTHER INTANGIBLE LOSSES (EVEN IF HIGHER ROCK EDUCATION AND LEARNING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),ARISING OUT OF YOUR USE OF THIS SITE OR ANY OF HIGHER ROCK EDUCATION AND LEARNING, INC.’S PRODUCTS OR SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, HIGHER ROC EDUCATION AND LEARNING, INC., ITS SERVICE PROVIDERS, LICENSORS, MEMBERS, MANAGERS, OFFICERS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SITE; (2) HIGHER ROCK EDUCATION AND LEARNING, INC.’S USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND/OR (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Higher Rock Education and Learning, Inc. reserves the right at its sole discretion to suspend or terminate this Agreement for any breach by you of the Agreement including but not limited to conduct that it deems to be inappropriate in its sole discretion. This may include your registration to a course, access to the web site and removal of user content. You agree that Higher Rock Education and Learning, Inc. shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
Assignment:Higher Rock Education and Learning, Inc. reserves the right to transfer its rights under this Agreement in its discretion. The user rights granted hereunder, however, are not assignable by you.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts located in Durham County, North Carolina. Higher Rock Education and Learning, Inc. operates its web site from within the United States and makes no provision or warranty that the content available on the site is appropriate or available for use in other locations outside of the United States. If you use the site in a jurisdiction that prohibits or restricts the use of the web site, you agree that your use of the site will be at your own risk, without limitation of any other provision of this Agreement, and that Higher Rock Education and Learning, Inc. shall not have any liability with respect to such use. Software from this site may be subject to United States export controls. You may not use the site or export software from this site in violation of United States export laws and regulations.
This Agreement is the complete and entire agreement between you and Higher Rock Education and Learning, Inc. and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of Higher Rock Education and Learning, Inc. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE OTHERWISE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. TO THE EXTENT THAT YOUR PURCHASE OF PRODUCTS OFFERED BY HIGHER ROCK EDUCATION AND LEARNING, INC. AND AGREEMENT TO THE TERMS OF USE ARE MADE AS THE PARENT OF A MINOR CHILD, YOU ACKNOWLEDGE RESPONSIBILITY FOR YOUR CHILD’S ACTIONS AND ADHERENCE TO THE TERMS OF USE SET FORTH HEREIN. YOU ACKNOWLEDGE THAT AFTER YOUR MINOR CHILD REACHES AGE 18, AND TO THE EXTENT THE SAME IS OFFERED BY HIGHER ROCK EDUCATION AND LEARNING, INC., YOUR CHILD IS NOT REQUIRED TO GIVE YOU ACCESS TO GRADES GENERATED BY THE SOFTWARE.
