The Goods will be accessible through the Company’s Website within a reasonable time after Buyer’s acceptance of the Order Confirmation.
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each Party.
Buyer shall pay Seller all invoiced amounts due on the same day as the date of Seller's invoice (each such date, the "Due Date"). All payments hereunder shall be in US dollars. Seller may, upon written notice to Buyer, suspend Buyer’s access to the Goods and withhold further access while any amount remains overdue; any such suspension does not relieve Buyer of its payment obligations.
Seller warrants to Buyer that:
The warranties under this Section 7 do not apply to the extent any nonconformity or other issue with the Goods is caused by: (i) unauthorized modification, alteration, copying, or attempted repair of the Goods; (ii) use of the Goods with incompatible or unsupported systems, software, hardware, or third-party products; (iii) use of the Goods in violation of this Agreement, Seller’s documentation, or Seller’s published specifications; or (iv) Buyer’s equipment, software, internet connectivity, or other systems or services not controlled by Seller.
During the Warranty Period:
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN AT SECTION 7, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER INDIVIDUAL OR ENTITY ON SELLER'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED HEREIN AT SECTION 7 OF THIS AGREEMENT.
IN NO EVENT SHALL SELLER OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE FOREGOING EXCLUSION AND THE CAP SET FORTH BELOW DO NOT APPLY TO LIABILITY ARISING FROM SELLER’S FRAUD, WILLFUL MISCONDUCT, OR BREACH OF ANY CONFIDENTIALITY OBLIGATION. EXCEPT FOR SUCH LIABILITY, IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY BUYER TO SELLER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Buyer shall at all times comply with all laws applicable to the operation of its business, this Agreement, Buyer's performance of its obligations hereunder, and Buyer's use of the Goods. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Goods and (b) not engage in any activity or transaction involving the Goods, by way of shipment, use, or otherwise, that violates any law.
In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement by Seller operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by Seller precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege by Seller.
All non-public, confidential, or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Buyer acknowledges that its payment and personal information will be handled in accordance with Seller’s Privacy Policy. Upon Seller's request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the reasonable control of the impacted Party (the “Impacted Party”), including the following force majeure events (the “Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) order or action by any governmental authority or requirements of law; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) telecommunication breakdowns, power outages or shortages or inability or delay in obtaining supplies of adequate or suitable materials.
Buyer's rights, interests, or obligations hereunder may not be assigned, transferred, or delegated by Buyer without the prior written consent of Seller. Seller may freely assign, transfer, or delegate this Agreement, or any of its rights, interests, or obligations hereunder, without Buyer’s prior written consent, including in connection with a merger, acquisition, or sale of all or substantially all of Seller’s assets. Any purported assignment or delegation by Buyer in violation of this Section is null and void. No assignment or delegation by Buyer relieves Buyer of any of its obligations under this Agreement.
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither party shall have authority to contract for or bind the other Party in any manner whatsoever.
This Agreement benefits solely the Parties to this Agreement. Nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Subject to Buyer’s compliance with this Agreement and payment of all applicable Prices, Seller grants Buyer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Goods solely for Buyer’s internal, non-commercial educational purposes. Buyer shall not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit the Goods. The Purple Pen® is a registered service mark of The Purple Pen Inc., an Illinois corporation, U.S. Reg. No. 7,874,213, registered on July 29, 2025 on the Principal Register. The Purple Pen®, together with related names, logos, and trade dress, and all intellectual property rights in and to the Goods, are and shall remain the exclusive property of Seller. Except as expressly provided in this Agreement, no license or other right is granted to Buyer by implication, estoppel, or otherwise, and Buyer shall not use The Purple Pen® without Seller’s prior written consent.
To the extent Seller processes any personal data of Buyer or Buyer’s authorized users in connection with this Agreement, such processing shall be conducted in accordance with Seller’s Privacy Policy, available on the Company’s Website, and all applicable data protection laws.
This Agreement is governed by, and construed in accordance with the laws of the State of Illinois without giving effect to any conflict of laws provisions thereof. All legal proceedings shall be instituted in the state or federal courts of the State of Illinois. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.
All notices shall be in writing and addressed to the parties at the addresses set forth on the face of the Order Confirmation or to such other address for either party as that party may designate by written notice. All notices must be delivered by nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested).
If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Last Modified: October 21, 2026
These terms of use are entered into by and between you and The Purple Pen, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Company’s website, including any content, functionality, and services offered on or through https://thepurplepen.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understood, and agreed to be bound by and to abide by these Terms of Use, our Terms of Service, and our Privacy Policy, all of which can be found on the Website and are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are thirteen (13) years of age or older. If you are under the age of digital consent applicable in your jurisdiction — which is thirteen (13) in the United States (pursuant to the Children’s Online Privacy Protection Act) and ranges from thirteen (13) to sixteen (16) in European Economic Area (the “EEA”) member states (pursuant to Article 8 of the General Data Protection Regulation) — you may access and use this Website only with the verifiable consent of your parent or legal guardian. Verifiable parental consent may be obtained through methods reasonably calculated to ensure that the person providing consent is the child’s parent or guardian, as described in applicable law. Users under thirteen (13) years of age are not permitted to access or use the Website under any circumstances.
By accessing or using this Website, you represent and warrant that: (a) you have reached the age of digital consent in your jurisdiction, or you have obtained verifiable parental or guardian consent to use the Website; (b) you are of legal age to form a binding contract under the laws of your jurisdiction, or your parent or legal guardian has agreed to these Terms of Use on your behalf; (c) you are not located in, or a national or resident of, any country or territory subject to comprehensive sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”); and (d) your access to and use of the Website complies with all laws and regulations applicable to you in your jurisdiction, including data protection, consumer protection, and any restrictions on access to online educational content.
This Website features interactive educational content, including learning maps, that is designed primarily for a United States audience. The Company makes no representation that the Website’s content is appropriate, accurate, or available for use in jurisdictions outside the United States, or that it satisfies any particular country’s educational standards, accreditation requirements, or curriculum regulations. Users accessing the Website from outside the United States do so at their own initiative and are solely responsible for compliance with all applicable local laws, including age verification and parental consent obligations. The Company reserves the right to limit or restrict access to the Website, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in its sole discretion.
Nothing in these Terms of Use limits a student’s authorized access to the Company’s hosted educational software (the “Service”) under a school, district, educator, or other customer arrangement. Access to and use of the Service are governed by the Company’s customer agreement and any applicable order or addendum.
If you do not meet all of the foregoing eligibility requirements, you must not access or use the Website. If you are a parent or guardian and believe your child has accessed the Website without your consent, please contact us immediately at [email protected], so that we may take appropriate action.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If we make a material change, we will provide reasonable notice when appropriate under applicable laws.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website, so you are aware of any changes, as they are binding on you. If you do not agree to revised Terms, you must stop using the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. Customer and Authorized User accounts for the hosted Service are governed by the customer agreement. If you access the Service under an organization’s account, that organization may administer your account and access rights.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, available on the Website, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only, except as expressly authorized in writing by the Company. This license applies only to the public Website and does not grant rights to the Company’s software or hosted Service. Access to and use of the Service are governed by the Terms of Service.
You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this Section, please address your request to [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Purple Pen® is a registered service mark of The Purple Pen, Inc., an Illinois corporation, registered on the Principal Register as U.S. Reg. No. 7,874,213 (registered July 29, 2025, Int. Cl. 42). The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use any of these marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans on this Website are trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, learning maps, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Do not submit confidential, sensitive, or personal information, including Student Data, to public Interactive Services unless the applicable feature expressly states that such information may be submitted and the submission is authorized by you and permitted by applicable law. Subject to the foregoing, by providing a User Contribution on the Website, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, perform, display, and distribute that User Contribution solely as reasonably necessary to operate, maintain, secure, and improve the Website and the applicable Interactive Service. We will not use User Contributions for unrelated promotional purposes without your permission, unless otherwise permitted by applicable law.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. Any disclosures will be handled in accordance with applicable law and the Privacy Policy. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, you may submit a written notice of claimed infringement to The Purple Pen’s designated copyright agent. The notice should identify the copyrighted work claimed to have been infringed, the allegedly infringing material and its location on the Website, your contact information, a good-faith statement that the use is not authorized, a statement under penalty of perjury that the information is accurate and that you are authorized to act for the copyright owner, and your physical or electronic signature. Notices may be sent to The Purple Pen, Inc., Attn: Designated Copyright Agent, by email at [email protected].
It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All purchases through our site or other transactions carried out through the Website are governed by our Terms of Service, as found on the Website, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Illinois in the United States. We provide this Website for use primarily by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate, or compliant with local laws outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local laws, including data protection, consumer protection, accessibility, and educational content regulations.
The Website may not be accessed or used by any person located in, organized under the laws of, or a national of any country or territory that is the target of comprehensive sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine (as such list may be updated from time to time). By accessing the Website, you represent and warrant that you are not (a) located in any such sanctioned country or territory, (b) designated on any OFAC list of Specially Designated Nationals and Blocked Persons (the “SDN List”) or any other applicable restricted party list, or (c) acting on behalf of any person or entity described in (a) or (b). The Company reserves the right to implement technical measures, including IP-based geolocation filtering, to restrict access from prohibited jurisdictions and to terminate or suspend accounts that the Company reasonably believes are in violation of this provision.
If you access the Website from outside the United States, please be aware that your Personal Information (as defined in our Privacy Policy) may be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your home jurisdiction. By using the Website, you acknowledge and, to the extent permitted by applicable law, consent to the transfer, storage, and processing of your Personal Information in the United States and other jurisdictions as described in our Privacy Policy. This consent does not limit any rights you may have under mandatory data protection laws in your jurisdiction, including the GDPR for users in the EEA/United Kingdom (the “UK”), or the PIPEDA for users in Canada.
For further information regarding how we collect, use, share, and protect your Personal Information, including information about cross-border data transfers and the safeguards we employ, please review our Privacy Policy.
Nothing in these Terms of Use is intended to exclude or limit any mandatory consumer protection, data privacy, or other statutory rights that apply to you under the laws of your jurisdiction and that cannot be waived or limited by contract.
The Website provides interactive educational content, including learning maps, for general informational and personal enrichment purposes only. The educational content available on the Website does not constitute formal accredited instruction, professional advice, or a substitute for certified education, tutoring, or any curriculum that meets the educational standards or accreditation requirements of any jurisdiction. The Company does not represent or warrant that any educational content on the Website is accurate, complete, current, or suitable for any particular purpose or compliant with the educational regulations of any country, state, or locality. Reliance on any educational content provided through the Website is strictly at your own risk, subject to the limitations set forth in the Disclaimer of Warranties and Limitation on Liability Sections below.
The Company is committed to making the Website accessible to all users, including individuals with disabilities. We endeavor to conform to applicable accessibility standards. If you experience any difficulty accessing any part of the Website due to a disability, or if you have suggestions for improving the accessibility of the Website, please contact us at [email protected]. We will make reasonable efforts to address your concern promptly.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IF YOU ARE ACCESSING THE WEBSITE FROM OUTSIDE THE UNITED STATES, YOU ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENT, INCLUDING EDUCATIONAL MATERIALS AND LEARNING MAPS, ARE PROVIDED FROM THE UNITED STATES AND MAY NOT MEET STANDARDS, REQUIREMENTS, OR EXPECTATIONS APPLICABLE IN YOUR JURISDICTION.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, if you are a consumer residing in the EEA/UK, or any other jurisdiction whose mandatory consumer protection laws provide otherwise, nothing in this Section shall deprive you of the protection of the mandatory provisions of the laws of your country of habitual residence, including any mandatory rules regarding jurisdiction and applicable law. In particular, consumers in the EEA/UK may have the right to bring proceedings in the courts of their member state of domicile pursuant to applicable regulations, and such rights are not affected by this Section.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
The foregoing arbitration provision applies only to the extent permitted by the laws of your jurisdiction. If you reside in a jurisdiction where mandatory consumer protection laws prohibit pre-dispute binding arbitration agreements or provide you with a right to bring claims in a court of competent jurisdiction or before a consumer dispute resolution body, those rights are preserved and are not limited by this provision.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The foregoing limitation period shall not apply where it would contravene mandatory limitations or prescription periods applicable under the laws of your jurisdiction. In such cases, the applicable statutory limitation period shall govern.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, the Privacy Policy, the Terms of Service, and the cookie preferences described in the Privacy Policy constitute the sole and entire agreement between you and The Purple Pen, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This Website is operated by The Purple Pen, Inc.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
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