Terms of Use
The following Terms of Use outlines your obligations when using the DEPCO Enterprises, LLC products.
1. Acceptance of Terms
The products available by DEPCO Enterprises, LLC, are owned and operated by DEPCO Enterprises, LLC, (“DEPCO Enterprises, LLC”), a Kansas corporation, and is accessed by you under the Terms of Use described below (“Terms of Use”).
Please read these terms of use carefully before using DEPCO Enterprises, LLC products or its services. By accessing DEPCO Enterprises, LLC or using any product or service you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not use DEPCO Enterprises, LLC products, or use the content or any services offered. DEPCO Enterprises, LLC’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by DEPCO Enterprises, LLC, acceptance is expressly limited to these terms.
2. Modifications of the Terms of Use
We may revise these terms from time to time. You are responsible for reviewing and becoming familiar with any modifications. Use of the Services after such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. Description of the Products and Services
Subject to full compliance with the Terms of Use, DEPCO Enterprises, LLC may offer to provide certain products, services, and content. DEPCO Enterprises, LLC may change, suspend or discontinue the products and services including any content for any reason, at any time, including the availability of any feature or content. DEPCO Enterprises, LLC may also impose limits on certain features and services or restrict your access to parts or all of the parts or services without notice or liability.
4. User Conduct
As a condition of use, you promise not to use the Products or Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by DEPCO Enterprises, LLC. We respect other people’s rights and we expect you to do the same.
By way of example, and not as a limitation, you agree not to use the Products and Services:
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
DEPCO Enterprises, LLC may nullify Services/Contracts and retrieve Products and any content at any time for any reason (including, but not limited to, curriculum and hardware), or for no reason at all. To report Terms of Use abuse, please email: curriculum@depcollc.com
You are solely responsible for your interactions with other users of the Products and Services. DEPCO Enterprises, LLC reserves the right, but has no obligation, to monitor disputes between you and other users.
5. Copyright Complaints
DEPCO Enterprises, LLC respects the intellectual property of others. It is DEPCO Enterprises, LLC’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, DEPCO Enterprises, LLC may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DEPCO Enterprises, LLC will terminate access for subscribers and account holders who are repeat infringers.
Notifying DEPCO Enterprises, LLC of Copyright Infringement: To provide DEPCO Enterprises, LLC notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of curriculum@depcollc.com that sets forth the information specified by the DMCA. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing DEPCO Enterprises, LLC with Counter-Notification: If you feel that your material does not constitute infringement, you may provide DEPCO Enterprises, LLC with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at curriculum@depcollc.com that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
6. Indemnity
You will indemnify and hold harmless DEPCO Enterprises, LLC, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Products, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or DEPCO Enterprises, LLC User ID, of any intellectual property or other right of any person or entity.
7. Warranty Disclaimers
You acknowledge that DEPCO Enterprises, LLC has no control over, and no duty to take any action regarding: which users gain access to the Products or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release DEPCO Enterprises, LLC from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. DEPCO Enterprises, LLC makes no representations concerning any content contained in or accessed through the Products or Services, and DEPCO Enterprises, LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
In no event shall DEPCO Enterprises, LLC or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Products, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
9. Termination
DEPCO Enterprises, LLC may terminate or suspend any and all Products and Services immediately, without prior notice or liability, if DEPCO Enterprises, LLC has a reasonable belief that you may have breached any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Products and Services will immediately cease. If you wish to terminate your DEPCO Enterprises, LLC agreement, you may simply discontinue using the Products and Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind DEPCO Enterprises, LLC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DEPCO Enterprises, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DEPCO Enterprises, LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with DEPCO Enterprises, LLC’s prior written consent. DEPCO Enterprises, LLC may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Kansas, as if made within Kansas between two residents. Notwithstanding the foregoing sentence, (but without limiting DEPCO Enterprises, LLC’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on in the desired location of DEPCO Enterprises, LLC or a judicial assigned location. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.