TERMS OF USE (rev. Jan 09)

Computeable.com, Computeable, Inc., who owns and operates this web page and the services it provides reserves the right to change or modify all or any part of this Agreement at any time, effective immediately. Any use of our services constitutes binding acceptance of all terms and conditions, including those which may change over time. Any party which disagrees with any terms and/or conditions should discontinue the use of our services and this website immediately.

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. All users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

All parties represent and warrant they have no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with undertaking a relationship with Computeable, Inc.; (ii) that the use of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party; and (iii) that no party has entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.

All account owners who have access to the login capabilities of the website may not give, lend, sell, trade, transfer or distribute their privileges to another under any circumstances without consent from Computeable, Inc.. All such users agree to protect their account information and password from any unauthorized users. Users which violate this policy are in breach of this Agreement and may have their account terminated without refund or the ability to receive future services. Computeable, Inc. is not liable for any damages caused by the sharing of your password or login information, nor shall Computeable, Inc. be held liable for any action arising from the actions of any third party that obtains your login information with or without your knowledge or consent.

Computeable, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. Computeable, Inc. grants you permission to view this website and to print specific individual pages for your own personal, noncommercial use. This website contains information, software, photos, audio and video clips, graphics, links and other materials that may be protected by copyright, trademark, trade secrets or other proprietary rights and are protected, in all forms, as a collective work of Computeable, Inc.. All users agree to comply with these and any additional copyright notices, information, or restrictions contained in any content available on or accessed through our service or this website.

No user may upload, copy, store, modify, publish, post, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the express permission from Computeable, Inc. or its affiliates. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software. Any attempt to reverse engineer, hack, crack, manipulate, or otherwise compromise our website shall be investigated and violators may be subject to the maximum civil and/or criminal penalties under local, state and federal law.

Computeable, Inc., its employees, and its Independently Contracted Tutors do our best to provide accurate information for the benefit of our customers, however the use of this information provided by our services is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. Computeable, Inc. will not be liable for any direct, special, indirect, incidental, consequential, punitive, or any other damages whatsoever, whether in an action based upon a statute, contract, tort, or otherwise relating to the use of this information. This information is provided "as is" and Computeable, Inc. makes no express or implied representations or warranties including warranties of performance, merchantability, and fitness for a particular purpose, regarding this information. Computeable, Inc. does not guarantee the completeness, accuracy or timeliness of this information.

This website may contain links to other websites owned or operated by parties other than Computeable, Inc., and are provided for reference only. Computeable, Inc. does not control outside websites, nor is responsible for their Content, hence makes no express or implied warranties as to the accuracy or any other aspect of such information. The inclusion of such links does not imply that our Company is authorized to use any trade name, trademark, logo, official seal or copyrighted symbol that may be reflected in the linked website. You further acknowledge and agree that Computeable, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through our or any linked website or resource.

You agree to have any disputes under this contract adjudicated by binding arbitration under the rules set out by the American Arbitration Association (AAA). This agreement is to be adjudicated under the laws of the State of Ohio, and where appropriate, Lake County. All legal procedures, including the resolution of arbitration, shall be conducted within Lake County, Ohio.

Except for as provided specifically within this document, it is not always possible to assess the actual damages caused to us by the breach of the provisions herein. Those damages which cannot be fully and adequately compensated monetarily may warrant preliminary and other injunctive relief, an order for specific performance, and other equitable relief. In the event that actual monetary damages cannot be adequately fixed, Computeable, Inc. shall be compensated with monetary damages of no less than three thousand dollars ($3,000.00) by any party in breach of such provisions.

The language of this agreement shall be given its natural meaning and shall not be construed against either party in the case of ambiguity. Because every effort was made to make this agreement understandable to the layperson, no interpretation should be made that penalizes us for failing to use specific legal terms, so long as the meaning may be plainly inferred from the document. If any part of this agreement is held to be unenforceable by any court or adjudicator, the rest of the agreement shall remain in full force. Furthermore if any part of any clause is held to be unenforceable, the remainder of said clause shall remain in full force.

By accepting, you are providing us with an electronic signature as provided by Chapter 1306 of the Ohio Revised Statutes, also known as The Uniform Electronic Transactions Act.