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Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to Qubo.com and any other site owned and/or operated by or on behalf of QUBO Venture, LLC or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "Qubo.com" and/or "we" respectively).

USE OF MATERIALS
This site is owned and operated by QUBO Venture, LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of Qubo.com are the property of QUBO Venture, LLC and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Qubo.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of QUBO Venture, LLC copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by QUBO Venture, LLC. QUBO Venture, LLC does not transfer title to the Software to you. As between you and QUBO Venture, LLC, QUBO Venture, LLC retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant QUBO Venture, LLC and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on Qubo.com, including without limitation via message boards, chat rooms and/or blogs or any other features on Qubo.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on Qubo.com. Users are not permitted to upload to, distribute through, or otherwise publish through Qubo.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights

of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on Qubo.com. Unauthorized collection and/or use of email addresses via Qubo.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of Qubo.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder, message board postings and/or comments made in chat rooms and/or any other features on Qubo.com. QUBO Venture, LLC is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Qubo.com including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder message board postings and/or comments made in chat rooms and/or any other features on Qubo.com. You acknowledge that QUBO Venture, LLC may or may not pre-screen and/or monitor content posted on Qubo.com, and that QUBO Venture, LLC shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on Qubo.com at any time for any reason, in QUBO Venture, LLC's sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on Qubo.com and any rules for conduct on Qubo.com or use of specific features and/or services offered thereon that may be posted on Qubo.com, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE
Any informational materials provided on Qubo.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, QUBO Venture, LLC makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Qubo.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via Qubo.com are solely between you and such entity. You agree that QUBO Venture, LLC shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that QUBO Venture, LLC does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of Qubo.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on Qubo.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE
QUBO Venture, LLC may add, change, discontinue, remove or suspend any portion of Qubo.com at any time, without notice.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Qubo.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from QUBO Venture, LLC, if in QUBO Venture, LLC sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Qubo.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
QUBO Venture, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO Qubo.com OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." QUBO Venture, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO Qubo.com AND ANY WEB SITE WITH WHICH IT IS LINKED. QUBO Venture, LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON Qubo.com OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT Qubo.com, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF Qubo.com OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. QUBO Venture, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON Qubo.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT QUBO Venture, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL QUBO Venture, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON Qubo.com, EVEN IF QUBO Venture, LLC OR A QUBO Venture, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUBO Venture, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Qubo.com.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING Qubo.com AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION
By using Qubo.com, you agree to indemnify, defend and hold harmless QUBO Venture, LLC from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Qubo.com; or (3) any material uploaded by you or through your computer to Qubo.com or otherwise sent by you to QUBO Venture, LLC. You will cooperate as fully and reasonably as required by QUBO Venture, LLC in the defense of any claim. QUBO Venture, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of QUBO Venture, LLC.

PERMISSION FOR WEB LINKING
If you link to Qubo.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by QUBO Venture, LLC. Any such link must not damage, dilute or tarnish the goodwill associated with QUBO Venture, LLC and/or any QUBO Venture, LLC intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with QUBO Venture, LLC, and you may not "frame" Qubo.com. You may not link to Qubo.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in QUBO Venture, LLC's sole discretion. QUBO Venture, LLC reserves the right, in its sole discretion, to terminate any link from any web site.

QUBO Venture, LLC reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time.