Welcome to our website, www.twisteducation.com (the “Site”). We maintain this Site as a service to the visitors of this Site. We provide the information and services at this Site to you, subject to the following terms of use. By using our Site, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to be bound by the following terms of use, do not use this Site. If the user is not an individual, then “you” means your company, its officers, members, agents, successors and assigns. Please review the following terms carefully.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (the “Agreement”) with respect to the Site maintained by Twist Education, LLC (“TWIST”). This Agreement, including the Privacy Policy referenced herein, constitutes the entire and only agreement between TWIST and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or through the Site, and the subject matter of this Agreement. You acknowledge that neither TWIST nor anyone on TWIST’s behalf has made any representations, inducements, promises or agreements, orally or otherwise, to you relating to the subjects addressed by this user agreement that are not embodied herein. This Agreement may be amended at any time by TWIST from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Children’s Privacy. Protecting the privacy of children is very important to TWIST. Please refer to our Privacy Policy for our policy on personal information received from children under the age of 13.
3. Copyrights. You acknowledge and agree that information presented to you through the Site, including text, graphics, design, logos, icons, images and software, and the arrangement and compilation of such content, are protected under applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4. Limited Right to Use. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TWIST. However, you may print a copy of the information on this Site for your personal and non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
5. Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are trademarks of TWIST. Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of TWIST. TWIST aggressively enforces its intellectual property rights to the fullest extent of the law.
6. Editing, Deleting and Modification. TWIST reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify, defend and hold harmless TWIST, its agents, officers, directors, owners, representatives, employees, and their successors and assigns (the “Affiliated Parties”), from any liabilities, losses, claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
8. NO WARRANTIES. THIS SITE, ALL SERVICES OBTAINED THROUGH THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TWIST. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
9. Use of Information. TWIST reserves the right and you authorize TWIST to the use the assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
10. Privacy Policy. Our Privacy Policy, as it may change from time to time, is deemed to be a part of this Agreement.
11. Links to Other Web Sites. This Site may provide links to other Internet sites. TWIST is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external websites do not constitute an endorsement by TWIST of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, we reserve the right to terminate any link or linking program at any time. TWIST does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that TWIST 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 information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
12. Conduct. You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) not to use this Site to collect or harvest personal information; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
13. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Stephan Samuelson who can be reached as follows:
By mail: Stephan Samuelson
14402 Blanco Road
Suite 100
San Antonio, Texas 78216
By email: stephan@twisteducation.com
14. Disclaimer. All of the information provided on this Site is published in good faith and for general information purposes only. TWIST does not make any warranties about the completeness, reliability and/or accuracy of this information.
15. User Representation. By agreeing to this Agreement, you are warranting that you are at least 18 years of old, and, therefore, have the legal right to enter into this Agreement. You also are responsible for use of your account and password by minors that have access to your account.
16. Responsibility of Contributors. You agree that you are responsible for your own use of the blog on the Site, for any posts you make to the blog, and for any consequences thereof. You agree that you will use the blog in compliance with all applicable local, state, national and international laws, rules and regulations. Please remember that all postings to the blog will be publicly viewed. Any and all liability arising from postings to the blog is the sole responsibility of the person who posted the content. Under no circumstances will TWIST be liable in any way for any postings to the blog.
With respect to all materials you elect to post, upload, input or provide to the Site’s blog, you grant TWIST the royalty-free, perpetual, irrevocable and non-exclusive right and license to use, modify, adapt, publish, translate, create derivative works from, distribute, display worldwide and/or incorporate it into works in any form, media, or technology now known or later developed.
TWIST has the right, in its sole discretion, to delete or block any blog postings regardless of whether the postings violate any TWIST policy or this Agreement or are in any way harmful or objectionable. TWIST may terminate or deny access to and use of the Site to any person or entity for any reason, in TWIST’s sole discretion, with no obligation to refund monies previously paid.
TWIST does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any postings to the blog or endorse any opinions expressed through the blog. Any reliance on data posted to the blog on the Site will be at your own risk.
17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Bexar County, San Antonio, Texas, and shall be governed by and construed in accordance with the law of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information or services related thereto) must be instituted within one year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Antonio, Texas. You expressly submit to the exclusive jurisdiction of said courts. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. TWIST’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.