Partners to Assist in Learning, LLC

Terms of Use

Last updated: May 24, 2017

Welcome to the palexperiences.org website (the “Site”).  Partners to Assist in Learning, LLC and its affiliates (“Pal”) provide this Site and the information, videos, features, apps, products and services offered through the Site (collectively, the “Services”) subject to these Terms of Use (the “Site Terms”).

BY ACCESSING OR USING THE SITE AND ANY OF THE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS, AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THE SITE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE OR THE SERVICES.

We may modify these Site Terms and/or or any policy or guideline of the Site and the Services, at any time at our sole discretion.  Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis.  Your continued use of the Site after any modification will mean you agree to this Agreement as modified. If you do not agree to any amended terms, do not use the Site.

PRIVACY POLICY

Please review our Privacy Policy at https://www.palexperiences.org/help/privacy for information on how we collect, use and disclose personally identifiable information from users of and visitors to the Site.  If any conflict exists between the Site Terms and our Privacy Policy, the Site Terms will prevail.

Services and products available at the site

At the Site, we offer the Services to assist individuals in preparing for an experience at a public venue and exploring such venue at their own pace.  We refer to these venues as Pal Places. Our goal is to provide a more inclusive customer experience for individuals of all abilities. We provide all Services based upon input and information from third parties, including Pal Places.  Because we rely on information from third parties in providing our Services, Pal is not responsible for, does not assume any liability for, and does not warrant the Services, including the content of any videos or information at the Site, or the services available at any Pal Place.  Pal is not directly involved in any experiences between a customer and a Pal Place. Pal does not control the quality, safety, or accuracy of any aspect of a Pal Place.

Although Pal attempts to ensure the integrity and accurateness of the Site, the Services, and the content available at the Site, Pal makes no representations, warranties or guarantees whatsoever as to the correctness, accuracy, completeness, or reliability of the Site, the Services, and the content available at the Site. It is possible that the Site, the Services, and the content available at the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made. In the event that you discover an inaccuracy or error, please inform Pal so that we can correct it.

HYPERLINKS

You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Pal, the Site, or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a Pal logo or other proprietary graphic of Pal to link to the Site without Pal’s express written consent.

The Site may contain links to third-party Websites ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites and any Third-Party Content at your own risk. Pal does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Pal provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply PAL's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Pal accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site.  You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

REGISTRATION, ACCOUNTS AND PASSWORDS

When visiting the Site or using the Services, you may establish an account at the Site.  If you choose to establish and account, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by the Site (“Registration Data”), (b) maintain the confidentiality of your password and account; (c) maintain and promptly update your Registration Data, and any other information you provide to us, and keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide at the Site.  

You are solely responsible for all activities that occur under your password or account, whether authorized by you or not.  You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security of your account or the Site; and (b) ensure that you exit from your account each time you use the Site.  

We may terminate your account and access to the Site and Services if we learn that you have provided us with false or misleading Registration Data.  We reserve the right, at our discretion, to suspend or cancel your account and/or password if we suspect that it is being used in an unauthorized or fraudulent manner.  If we terminate, suspend, cancel, or otherwise disable your account, you will not create another account without our permission.

Advertisements and Promotions

Pal may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Pal, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Pal is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party content, or content of third-party advertisers’ advertisements and promotions on the Site.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Pal logo and all designs, text, photos, graphics, pictures, information, data, code, software, music, sound files, other files, and materials, and the selection and arrangement thereof (collectively, the "Site Content"), are the proprietary property of Pal or its licensors, suppliers, publishers, rights holders, or other content providers and are protected by U.S. and international copyright laws. The Site and all Site Content is © 2017 Partners to Assist in Learning, LLC, All Rights Reserved.

Trademarks

Partners to Assist in Learning, Pal, the Pal logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Pal or its licensors, suppliers, publishers, rights holders, or other content providers and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pal or the applicable trademark holder. In addition, the Site Content, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Pal and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pal. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pal.

Limited License

Subject to the terms, conditions and restrictions set forth in these Site Terms, and your payment of any fees applicable to your use of the Site and Services, Pal grants you a limited, non-exclusive, personal, nonsublicensable, and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the “License”).  The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked "© 2017 Pal and its licensors, All rights reserved."; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein; (viii) you may not frame or utilize framing techniques to enclose any Site Content, trademark, logo or other proprietary information (including images, text, page layout or form) of Pal, without the express written consent of Pal; and (ix) you may not use any meta tags or any other “hidden text” utilizing Pal's name or trademarks without the express written consent of Pal.  Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Pal is strictly prohibited and will terminate the License.

Your unauthorized use of the Site or Site Content may violate applicable laws, including without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site or in connection with the Services may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of Pal or any third party.

REVIEWS, COMMENTS, COMMUNICATIONS, Use of Interactive Areas

The Site may contain discussion forums, bulletin boards, review services, or other forums in which you or third parties may post content, messages, materials or items related to the Site and Site Content ("Interactive Areas").  If Pal provides Interactive Areas, you are solely responsible for your use of these Interactive Areas and you use them at your own risk. By using any Interactive Areas, you agree to comply with the Conduct Guidelines set forth in these Site Terms.  

Pal takes no responsibility and assumes no liability for any content posted, stored or uploaded by you, other users of the Site, or any third party, or for any loss or damage thereto.  Pal is not liable for any statements, representations, content, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Pal has the right, but not the obligation, to screen, edit or monitor any of the content posted to or distributed through any Interactive Area.  Pal reserves the right to remove or disable, without notice, any content posted or stored in the Interactive Areas if it violates these Site Terms, is unlawful or illegal, or for any or no reason. Nothing in this Agreement requires Pal to store content indefinitely and Pal does not have an obligation to investigate any claims of infringement prior to removing or disabling content.  

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

Rights to User Content

By posting or distributing content to or through the Site, unless we indicate otherwise, you:

(a) grant Pal a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised;

(b) grant Pal and its sublicensees the right to use the name that you submit in connection with your content, if they choose to do so; and

(c) represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.  

You further grant Pal the right to pursue at law any person or entity that violates your or Pal's rights in the content by a breach of these Site Terms.

Content submitted by users will be considered non-confidential and non-proprietary and Pal is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Pal reserves the right to use the content as it deems appropriate in its sole and absolute discretion.  Pal is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to the Site. Pal will have no duty to attribute authorship of content to you.

If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in any content that you submit, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates to that content; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Pal or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Pal, and its licensees, successors and assigns, from any claims that you could otherwise assert against Pal by virtue of any such moral rights.

Conduct Guidelines

If you choose to submit, post or distribute any content on the Site, you agree to respect the rights of all users of the Site and adhere to generally accepted rules of etiquette and standards of behavior. The following conduct guidelines apply to your use of the Site and Services:

• You will not engage in any behavior at the Site or post, upload, transmit, distribute, store, create or otherwise publish through the Site any content that is unlawful, misleading, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, violent, nudity, graphic, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
• You will not solicit or attempt to solicit personal information, including, without limitation, login information, from anyone.
• You will not infringe or misappropriate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
• You will not engage in any automated use of the system, including, without limitation, using scripts to send comments, messages, updates, blogs, or bulletins, or to harvest e-mail addresses or other data from the Site.
• You will do not anything that interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Site, including, without limitation, a denial of service attack.
• You will not upload, post, transmit, or distribute viruses, corrupted data or other harmful, disruptive or destructive files or code.
• You will not upload, post, transmit, or distribute any spam, junk mail, chain letters, unsolicited mass mailings, bulk messages, or content that consists of or contains political campaigning.
• You will not upload, post, transmit, or distribute any content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law.
• You will not use invalid or forged headers to disguise the origin of any content transmitted to or through the Site or misrepresent the origin of any information or content that you provide.
• You will not offer any contests, sweepstakes, or giveaways.
• You will not circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Site.
• You will not provide or use “tracking” or monitoring functionality in connection with the Site, including, without limitation, to identify third party’s views, actions, or other activities on the Site.
• You will not sell or transfer your profile, your e-mail address, or personal URLs on the Site.
• You will not use the account, user name or password of any other person to access the Site or the Services or permit any third party to use your user name or password to access the Site or receive the Services.

SOFTWARE LICENSE

Subject to the terms, conditions and restrictions set forth in these Site Terms, and your payment of any fees applicable to your use of the Site and Services, if Pal makes available to you certain software (“Pal Software”) for your use of the Site or the Services, Pal grants you a limited, non-exclusive, personal, nonsublicensable and revocable license to use the Pal Software solely for the purpose of enabling you to use the Site and the Services.  You may not (a) include, combine or compile the Pal Software, or any portion thereof, into any other software or program, (b) modify, reverse engineer, disassemble or decompile the Pal Software, or any portion thereof, or (c) rent, lease, sell, lend, distribute or sublicense the Pal Software. Your right to the Pal Software will automatically terminate, without notice, if you violate the Site Terms and any other terms governing your use of the Pal Software.

If you download or use Pal Software, such as an app or a browser plugin, you agree that from time to time, that software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

APP PERMISSIONS

When you use apps created by Pal, you may grant us certain permissions for your device.  You need to understand your device and the permissions granted. We are not responsible for the permissions your device may grant to us.  

Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, still apply to your use of our apps and other mobile services.  

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PAL, THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  PAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT, AND MATERIALS ON THE SITE. PAL DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT, AND MATERIALS ON THE SITE OR ANY PORTION THEREOF.  

INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS.  PAL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PAL, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES, OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, INFORMATION, THE SITE CONTENT, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF THE SERVICES AND SITE CONTENT, OR ALLEGATIONS THAT PAL SHOULD INDEMNIFY, DEFEND, OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE AND/OR THE SERVICES.  YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.

PAL OR ANY PARTIES PROVIDING SITE CONTENT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, INCLUDING ANY LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, THE SERVICES, INFORMATION, THE SITE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF PAL OR A PAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY.  IN NO EVENT WILL THE AGGREGATE LIABILITY OF PAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO PAL, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM.

WHEN YOU USE THE PAL SITE AND/OR SERVICES, YOU MAY BE USING THE SERVICES OF ONE OR MORE THIRD PARTIES OR OBTAINING PRODUCTS OR SERVICES FROM THIRD PARTIES.  YOUR USE OF THESE THIRD PARTY PRODUCTS OR SERVICES MAY BE SUBJECT TO THE SEPARATE POLICIES, TERMS OF USE, AND FEES OF THESE THIRD PARTIES. IN NO EVENT WILL PAL BE SUBJECT TO DAMAGES RELATED TO ANY SUCH THIRD PARTIES.

Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  In such cases, Pal’s liability will be limited to the fullest extent permitted by the applicable law.

GOVERNING LAW AND DISPUTES

This Agreement and performance hereunder will be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to conflict of law principles.  You will resolve any claim, cause of action or dispute in any way related to your use of the Site, the Services, or any products or services sold or distributed by or through the Site exclusively in the federal and state courts located in Phoenix, Arizona.  You consent to the personal jurisdiction of courts located in Phoenix, Arizona, stipulate to the fairness and convenience of proceedings in such courts, and irrevocably waive, and covenant not to assert, any objection to such venue.

If anyone brings a claim against Pal related to your actions, content, or information on the Site, you will indemnify and hold harmless Pal from and against all damages, losses, liabilities, and expenses of any kind, including reasonable legal fees and costs, related to such claim.  

COPYRIGHT COMPLAINTS

If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Weiss Brown

ATTN: Jennifer Lefere

6263 N. Scottsdale Road, Suite 340

Scottsdale, AZ 85250

Telephone Number of Designated Agent: (480) 327-6666

Facsimile Number of Designated Agent: (480) 907-3003

Email Address of Designated Agent: jennifer.lefere@weissbrown.com

Any notification must include the following information:

1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing and where it is located on the Site.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Pal has adopted a policy of terminating, in appropriate circumstances and at Pal's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Pal may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

SEVERABILITY

If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have any questions or comments regarding these Site Terms or your use of the Site or the Services, please submit them to us at https://www.palexperiences.org/help/contact.