These Terms of Service applies to any website(s) provided by uCANcomplain, Inc., including the sites at uCANcomplain.com and uCANcomplainblog.com, and to any services, and/or products offered on such website (hereafter “uCANcomplain.com”)
TERMS OF SERVICE
Welcome to uCANcomplain.com
This document sets out your rights and responsibilities for using our uCANcomplain.com website.
As used herein, “uCANcomplain.com” means uCANcomplain.com, uCANcomplainblog.com, and any other sites or services in connection therewith, unless expressly excluded or where a separate policy is provided.
Please read these terms carefully because all uses of uCANcomplain.com (the “Sites”) are subject to these terms of service (“Terms” or “TOS”) as provided on this page. By using the Sites, you are acknowledging that you have read this and agree to it.
If you do not agree to the TOS, you may not use the Sites. There are no exceptions. You must be at least fifteen years old to use the Sites without adult supervision.
We reserve the right to amend or change all or parts of this TOS from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the Sites henceforth.
A. Authorized Uses of The Site(s)
The Sites are the exclusive and private property of its owner(s) unless otherwise stated. Use of the Sites is permitted under a “limited license” that provides you access and permits personal use of the Sites.
Your right to access and to use this Site is personal to you. No commercial uses are allowed of this site or any of the Sites’ content without permission. You may not copy or reproduce any of the content or information on this site except where expressly provided for that purpose. You may not download or copy ANY of our content in ANY area of the Site, except where expressly provided in writing herein, or on specific parts or portions of the site.
If you do copy or reproduce any information without permission, we may immediately terminate your access. You may not download or copy our information yourself and you may not use software, robots, data mining tools, ‘scrapers’, extraction tools or the like to access or obtain data from our Site.
If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.
Permissible uses of uCANcomplain include all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, our uCANcomplainblog.com may provide opportunity for commenting directly or via social media. Our uCANcomplain.com complaint site provides opportunities for lodging complaints, providing positive recognition for accomplishments, providing documentation and/or details about an incident or complaint, discussing, commenting, accessing resources, or following/tracking a specific complaint or situation, or total complaints about a particular school district, school, or school official. You may also have opportunities to participate in our polls, surveys, discussion groups, forums, or the like. You may have the ability to interact with and share experience with other users or members.
You may also provide feedback or input to us directly in certain areas of the site. You can also leave comments for others (in accordance with our community norms) and let us and your fellow members know about schools in your area or schools you have experience with.
Unauthorized use of the Sites or the content is strictly prohibited.
While there are many permitted uses of uCANcomplain.com Site(s) as detailed above, not all uses are permitted. Any use of this Site that could in any way damage or impair the functionality for other users is prohibited. You may use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or the like) to access the Site(s). All other software to access this site or our database(s) is in violation of these TOS. You also may not attempt to gain unauthorized access of any kind through any means including hacking, password guessing, code injection, or any other means. You also agree that you will not engage in any activities in using this site that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws pertaining to defamation or libel, or the like. You agree not to post false information about any nonpublic person, and agree not to knowingly or maliciously post false information about any public figure including any school, local, or state official. You also agree not to post with disregard for the truth of any thing you state or present as fact.
You must keep in mind that if you post under your real name, you must understand that any information you post including any of your personal information may be and probably will be publicly accessible via search engines and other means on the public Internet. uCANcomplain assumes no responsibility for information that YOU make public. Moreover, uCANcomplain will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others. You should carefully review any documents you post and consider redacting any personal identifying information you do not wish to disclose such as social security numbers, phone numbers, credit card numbers, or the like.
C. Intellectual Property
Unless otherwise noted, all uCANcomplain.com content, including the content on the Sites, is copyrighted by uCANcomplain.com and protected by United States and international copyright laws. Any third party content provided by users may be copyrighted by such third parties and its use on the Sites is solely for discussion, commentary, and educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.
uCANcomplain.com and other trademarks and service marks referenced herein are trademarks and service marks of uCANcomplain.com.
Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners.
uCANcomplain.com's marks may not be used for any purposes without written permission, regardless of purpose. For the use of any mark that is the property of a third-party, permission should be obtained from the owner if required. For purposes herein, discussion or commentary that may involve federally trademarked names or names protected under the common law is believed to be nominative use(s) that are permissible and not subject to restriction.
You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any information, products, or services provided on the Site(s), nor with respect to any document or evidence that you may upload to the Site(s) for example in connection with a complaint or the like. Any effort to remove or obscure such marks is a violation of our Terms of Service. The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Site(s), even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends.
D.External Links/Affiliate Relationships
uCANcomplain.com may provide various links to external sites that provide resources such as education or learning resources. We may at times also provide suggestions or listing(s) of third-party resources (e.g. news, stories, schools, school boards, state resources, providers of services and products) that we believe may be important or useful for our users and members. In some cases uCANcomplain.com may provide hyperlinks (or “links”) that will direct you to or connect you with other websites that are not related to the Site(s). Such websites are third party owned and operated sites that are not prepared, owned, or controlled by us.
uCANcomplain.com is not responsible in any way for the quality, content, nature, applicability, or reliability of sites accessible by hyperlink from the Site(s). Unless we say otherwise, our inclusion of a hyperlink to an external website is not an endorsement of their products or services by uCANcomplain.com, nor is a guarantee by us that the information or other material linked is accurate, current, or available. uCANcomplain assumes no responsibility or liability for any external links or any content on such third party sites. We likewise make no claim regarding and accept no responsibility for sites that link to our Site(s).
Further, our decision to provide links to external or third party sites does not necessarily imply affiliation, endorsement, or adoption of those sites or any information contained therein. You understand that uCANcomplain.com is not in a position to evaluate the quality, price, advisability, or satisfaction that you may have with such products or services. However, in some cases uCANcomplain.com or its owners may have an affiliation, or business relationship with such other site or service provider. We may receive a minimal benefit, such as reciprocal link, or mention on the other site. We may be compensated (e.g. receive a fee or commission) if you visit and/or purchase a product or service from the affiliated site. We will generally identify any such relationships so that you understand that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or site. We do not generally receive any compensation when we provide links to nonprofits, or similar groups, however we may exchange links with them or otherwise cooperate in mutually beneficial programs or services.
E. Service and/or Product Descriptions
uCANcomplain.com attempts to be as accurate as possible in its descriptions including descriptions of services, options, products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free.
When enrolling in, subscribing to, or purchasing any service, option, or product or the like through the Site(s), you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to uCANcomplain.com is registered to you and/or your use of such information is with permission. You understand that uCANcomplain.com can and generally will bar your access to and use of the Site if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have proper authority to commit that company in such a transaction. If you are using a pseudonym, nickname, assumed name or the like (where permitted, e.g. to allow anonymous posting of complaints, or participation in discussion(s)), you agree that you will nonetheless provide accurate information to uCANcomplain where required.
F. Additional Terms
This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.
1. No Warranties are Made
The uCANcomplain Sites provide a forum for addressing situations (both positive and negative) that arise in communities, school districts, schools, including unresolved problems in a supportive environment. uCANcomplain does not provide psychological help, legal representation, tailored advice, counseling, arbitration, mediation, tutoring or any other of any type of personalized care or resolution regarding situations discussed on the Site(s). If you require professional advice, psychological help, counseling, law services/legal representation, mediation, or other similar or related advice tailored for you situation, you should consult a professional and/or obtain qualified services. Nothing written, discussed, or communicated in any way or form on the Site(s), is intended as professional advice of any type and should not be considered or used as such. Consult your attorney, or other professional for help. No warranties or guarantees are made as to the suitability of any information on the Site(s) for your particular needs. We are similarly not responsible if you read and take advice from other users whether or not they represent themselves to have expertise or be professionals in a particular area. Your use of the Site(s) is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on something you read here.
All information, data, case studies, services, or products on uCANcomplain.com's Site(s), blog, databases, forum, groups, or listings, and any other information offered on the site or from the site are all provided on an "AS IS," and "AS AVAILABLE" basis.
Unfortunately, despite our efforts, the information uCANcomplain.com provides may not always be available to you when you would like access it. We may, on occasion, suspend and/or deny access to the Site for updates, scheduled or unscheduled maintenance, enhancements, upgrades, improvements or corrections. In addition, we may not leave information up forever. If you can't find something, we may be able to let you know if it has been moved or taken down. We reserve the right to take down, remove, or archive information at our discretion, (e.g. when we deem it inappropriate, violative of these Terms, or simply because the information is no longer useful to the Site(s) or members).
Also, despite our efforts to keep the Site and our content up to date and to avoid mistakes, the information and materials may contain typographical errors or inaccuracies or become outdated. uCANcomplain.com does not make any guarantees that it will update, change, or amend any information after it is posted.
uCANcomplain.com makes no warranties, expressed or implied, regarding the information, products, or services provided on the Site. The information we provide might not be suitable for your particular needs or purpose.
If a money-back guarantee, satisfaction guarantee, or other written guarantee in connection with a particular product or service is expressly offered, your sole recourse in the event you are unhappy with that product or service is the stated guarantee. For example, you can receive a refund within the refund period or whatever other promise as was made in the written guarantee. There are NO other warranties or guarantees made related to the use of the Site or the information, products, or services provided. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
2. uCANcomplain.com’s Liability is Strictly Limited
uCANcomplain.com is not and will not be responsible for any loss or damage that you might incur as a result of using the Site, whether it results from an act or an omission by us or any other party, including another user. You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
In all cases, our total liability shall be limited to not more than $50.00. Moreover, you agree that any such claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.
You agree to be held accountable for your behavior on the Site.
You agree to only post information or comments on the Site that you own or have proper rights to publish or post. You may not publish or post and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Site. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish or post that image or information on the Site and will indemnify us for any harm caused to us by your actions.
You also agree to be accountable for your conduct even in circumstances where your posting is anonymous, consistent with our Community Norms. You agree to indemnify us for any harm resulting from your postings, regardless if they are false or not.
No False Information
While you are free to post your honest opinions, you are not free to make false or misleading statements, or defamatory statements about another person, business, or organization. You understand that uCANcomplain.com is private forum and you agree to comply with our Community Norms. You understand and agree that uCANcomplain.com can exercise its discretion in any way it see fits and that it may, for any reason or no reason remove something you have posted or a comment you have made, or a portion thereof. Posting anonymously will not protect you from lawsuits (e.g. if you defame someone by posting false statements about them).
For purposes herein, ‘false and misleading statements’ include intentionally false or misleading postings that are intended to harm someone or their reputation, as well as statements where you have disregarded or been reckless with respect to the truth.
No Conflict of Interests
You agree to post any interests, especially financial interests that may influence your posts, or that a reasonable person would want to know when reading your post. You also agree to never to post under an assumed name or use a false identity on the Site to obtain a personal gain. You agree never to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another make such posts for your benefit.
To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless uCANcomplain.com and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Site, your violation of our Terms of Service, and/or your violation of any rights of a third party.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected.
The provisions of this section survive any termination of the Terms.
uCANcomplain.com is controlled and operated by uCANcomplain, Inc. from its headquarters in Raleigh, North Carolina, United States of America. Because the Site(s) are hosted on the worldwide web, access may be available in other countries. uCANcomplain.com is happy to make the information, products, and/or services available to people in any country where it is legal. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, uCANcomplain.com makes no representation that materials on the Site are appropriate or legal for use in any locations outside the United States. The laws regarding complaints about public entities such as schools or school districts may vary in different countries. If you have access to the Site(s) from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Site(s) from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us. If you choose to access the Site(s) from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.
Your continued use of the Site(s) is your acceptance of the foregoing Terms of Service in their entirety.
Please enjoy the Site(s)! We welcome your participation.
Questions regarding our Terms of Service may be directed to: admin@uCANcomplain.com
Last Updated: April 12, 2015
uCANcomplain, Inc. © 2014-16 Pinnacle IP Strategies, LLC