INTRODUCTION AND ACCEPTANCE
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND BY USING THE SITE, YOU AGREE TO THESE TERMS. DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE SITE IF YOU DO NOT AGREE.
All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice. All changes will be effective immediately upon their posting on this Site.
USE OF THE SITE
You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian. You cannot sign-up for Aristotle subscription unless you are at least 13 years old.
Subject to the terms and conditions of this Agreement, Aristotle hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser but not for any commercial use or use on behalf of any third party, except as explicitly permitted by Aristotle in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Aristotle in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Aristotle in advance. Aristotle reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Aristotle believes that user conduct violates applicable law or is harmful to Aristotle’s interests.
You may not submit content to the Site or use it in any manner that:
Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
Is libellous or slanderous;
Is intended to cause commercial harm to us or to benefit a third party at our expense;
Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
ACCURACY OF INFORMATION
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. You may not rely on any information expressed on the Site for any other purpose than permitted by these Terms. Aristotle undertakes no obligation to update, amend or clarify information on this Site. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
Unless otherwise specified, the images on the site are either within the public domain or from others who have been credited. Any infringement of copyright is unintentional. Photos specifically owned by Aristotle are delineated. We hereby grant you a limited non-sublicensable revocable license to use our Site for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE
THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
We do not permit anyone to post materials on our Site that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
A. Notice to Designated Agent. If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright -- or if you are authorized to act on behalf of a person who makes such a claim -- you may send us notice of your claim or you may send an email or regular mail to the following:
1 Emerson Place, 12G, Boston, MA 02114
B. Notice Requirements. To be sure we are able to address your claim, you must include the following information in your notice:
1. Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorized to act on the copyright owner’s behalf.
2. Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
3. Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
4. Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
5. Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorized by the copyright owner, its agent, or the law.
6. Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply substantially with these notice requirements you may experience delay while we seek supplemental information. In the event we are unable to obtain supplemental information that substantially complies with these requirements we may deny your request to remove or disable the material.
C. Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove, or disable access to, the material.
D. Counter Notification. After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:
1. A physical or electronic signature of the user providing the counter notification.
2. Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
3. A statement by the user that “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
4. The user's full name, address, telephone number, and user name.
5. If the user's address is located within the United States, the following statement: “I consent to the jurisdiction of the Federal District Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
6. If the user's address is not located within the United States, the following statement: “I consent to the jurisdiction of the Federal District Court for any judicial district in which the Site may be found and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
E. Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.
F. Repeat Infringers. Posting infringing materials is a violation of our Site’s terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.
ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)
Scope of Arbitration Agreement. Any legal dispute between you and Aristotle concerning or arising out of the Site, services, or any communications between you and Aristotle, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Aristotle may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 60 days of using the Site by calling, messaging the Site owner through the platform or sending a letter to Aristotle (contact information below). You should include your printed name, mailing address, and the words “Reject Arbitration.”
Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Aristotle at the address below or (2) to you at the email address on file with Aristotle if you are a subscriber. Both you and Aristotle agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Aristotle agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Boston, MA. We encourage you to call Aristotle in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Aristotle also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Aristotle hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Massachusetts will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Site for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
1 Emerson Place, 12G, Boston, MA 02114