Privacy Policy

We are committed to honoring your privacy.  The only information we obtain about users to its website is information that is voluntarily supplied by the user of our site.  In cases where we  may need personal information to provide the user with services, the user is explicitly asked for that information.  Any identifiable information provided by the user will not be disclosed except to us.

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Terms of Use

The following Terms of Use are entered into by and between you and Awaken Curiosity Encourage Character (“Company”, “we”, or “us”). 

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The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.encouragingcharacter.com, including any content, functionality and services offered on or through www.encouragingcharacter.com (the “Website”), whether as a guest or a registered user.

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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 accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website. 

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This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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Changes To the Terms Of Use

Please be aware that we may modify the Terms of Use at any time in our sole discretion. You should check these terms and conditions periodically for changes. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If, at any time, you choose not to accept these terms and conditions of use, please do not use this site.

 

Restrictions on Use of Materials
The contents of our Sites are protected by copyright and trademark laws and are the property of their owners. You are free to display and print for your personal, non-commercial use information you receive through our sites.  This means you may download posted materials  for personal, noncommercial home /school use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. 

Chart subscription purchases are for use in two households and may not be distributed for use in other households.  Chart subscription purchases for classroom use, may be downloaded by one teacher to use for the students in that teacher’s classroom.  

You may not publish, display, transmit, adapt or in any way exploit the content of the sites. Only if you obtain prior written consent from us. 

You must abide by all additional copyright notices or other restrictions contained in any of the sites.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
Links. You are free to encourage others to access the information on our sites. We welcome links to our sites. You are free to establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner.
No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate into any other website or service any of our intellectual property.
These terms and conditions apply only to the Sites and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
 

Links To Third Party Websites And Services

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Forums
A "forum" means any message board, chat room, blog, user review forum, newsgroups, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum and comply with the House Rules or other acceptable use policy. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

You are not entitled to any compensation for any materials you may post on the Sites.

Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
The information provided by us is for educational and informational purposes only and should not be considered to be medical advice.  It is not meant to replace the advice of a health care provider.  All advice and information should be considered to be incomplete without a visit to your health care Provider.  The content is solely the opinion of the authors and should not be considered as a form of advice, direction and/or recommendation of any kind.  If expert advice or counseling is needed, services of a competent professional should be sought.  The authors and/or the publisher assume no responsibility or liability and specifically disclaim any warranty, express or implied, for any products or services mentioned, or any techniques or practices described.  The purchaser or reader of this assumes responsibility for the use of these materials and information.  Neither the author nor the publisher assumes any responsibility or liability whatsoever on behalf of any purchaser or reader of the materials on this website.

 

No Warranties

The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

No Guarantees As To Results

​As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
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Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.

No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files or in chats or any form on our website) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, educational, counseling,  medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission
Some of the information available on the Sites concerns topics that may not be appropriate for children. Further, the Sites are not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
 
Indemnity
You agree to defend, indemnify and hold us harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Discontinuance, Modification & Restrictions
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you. We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time without liability to you or any third party.

Miscellaneous
In the event that any provision of these terms and conditions conflicts with the law under which these terms and conditions are to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the terms and conditions, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these terms and conditions will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of these terms and conditions, or to exercise any right under the terms and conditions, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
This terms and conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
 

International Users

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Applicable Law & Exclusive Jurisdiction
This site is controlled and operated by Awaken Curiosity Encourage Character from the state of Iowa in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This terms and conditions constitutes an agreement made in, and to be construed in accordance with the laws of, the State of Iowa without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in Woodbury County, Iowa, in all disputes arising out of or relating to this agreement or any of our sites.

 

Contact Information:

EncouragingCharacter@gmail.com

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