Effective December 15, 2022
 

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively

referred to as “Content”). By using the Services you agree to be bound by these Terms.
 

1. Who May Use The Service

You may use the Services only if you agree to form a binding contract with Chickasaw Online Language Arts; a Trade Name of Bannachi LLC, and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

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2. Privacy Policy

We take privacy very seriously. We do not sell your information to any entity. Likewise, by using our services, you agree not to transmit or sell other site members/users information. You may not publish or post other people's private information (such as home phone number and address) without their express authorization and permission. We also prohibit threatening to expose

private information or incentivizing others to do so.

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If you are taking one of our classes for free due to funding by another entity (eg. the Chickasaw Nation), we may transmit your contact information to that entity upon their request for their record keeping and program data analysis.

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3. Content on the Service

There are two types of Content on the Services; Content posted by the site administrators, and Content posted by site members.

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Administrators Posts: are copyrighted materials, provided for your personal use only. As a member, you agree not to transmit or sell copyrighted content.

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Site member posts: As a site member, you are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

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Any use or reliance on any Content or materials posted by other site members via the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services by site members, or endorse any opinions expressed via the Services. All member posted Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

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We reserve the right to remove Content or members that violate the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

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Your Rights to the Content You Post:

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

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You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material.

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4. Using the Services

Chickasaw Online Language Arts Rules and Policies:

The purpose of providing a member/user login area, is to serve Chickasaw Language learners with information and products that help in their learning process, and promote the growth of the Chikashshanompa’ language learning community. Violence, harassment and other similar types of behavior discourage participants, and ultimately diminish the value of our services. Our

rules are to ensure all members can participate in the community conversation freely and safely.

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Safety:

Violence: You may not threaten violence against an individual or a group of people. You may not promote violence against, threaten, or harass other people. We also prohibit the glorification of violence.

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Child sexual exploitation: We have zero tolerance for child sexual exploitation on Chickasaw Online Language Arts.

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Abuse/harassment: You may not engage in the targeted harassment of someone, or incite other people to do so. This includes wishing or hoping that someone experiences physical harm.

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Perpetrators of violent attacks: We will remove any accounts maintained by individual perpetrators of violent attacks, and may also remove content produced by perpetrators.

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Suicide or self-harm: You may not promote or encourage suicide or self-harm.

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Sensitive media, including graphic violence and adult content: You may not post media that is gory, or share violent or adult content within any part of the Service/website. Media depicting sexual violence and/or assault is also not permitted.

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Illegal or certain regulated goods or services: You may not use our service for any unlawful purpose or in furtherance of illegal activities. This includes selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services.

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Misleading and Deceptive Identities: You may not impersonate individuals, groups, or organizations to mislead, confuse, or deceive others, nor use a fake identity in a manner that disrupts the experience of others using the Service.

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Copyright and trademark: You may not violate others’ intellectual property rights, including copyright and trademark.

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Advertising and Selling: You may not submit, post, or display any content on or through our services that includes advertising or selling without our prior consent.

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You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

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Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.

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You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Chickasaw Online Language Arts (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Chickasaw Online Language Arts (NOTE: Scraping the Services without the prior consent of Chickasaw Online Language Arts is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Chickasaw Online Language Arts, its users and the public. Chickasaw Online Language Arts does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy (Note: See point #2).

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Chickasaw Online Language Arts may offer certain services or features for which additional terms and conditions may apply in connection with your use of those services. By using or paying for any of these additional services, you agree to any additional terms applicable to those services, and those additional terms become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using those services to which they apply.

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Your Account:

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

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Your License to Use the Services:

Chickasaw Online Language Arts gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Chickasaw Online Language Arts, in the manner permitted by these Terms.

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The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Chickasaw Online Language Arts name or any of the Chickasaw Online Language Arts trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding

Content provided by users) are and will remain the exclusive property of Chickasaw Online Language Arts. Any feedback, comments, or suggestions you may provide regarding Chickasaw Online Language Arts, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

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Ending These Terms:

You may end your legal agreement with Chickasaw Online Language Arts at any time by deactivating your accounts and discontinuing your use of the Services.

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We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Chickasaw Online Language Arts Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, and 6. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

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5. Disclaimers and Limitations of Liability

The Services are Available “As-Is”:

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Chickasaw Online Language Arts Entities” refers to Chickasaw Online Language Arts, its parents, affiliates, related companies, officers, directors, contractors, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CHICKASAW ONLINE LANGUAGE ARTS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Chickasaw Online Language Arts Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or

other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,

obtained from the Chickasaw Online Language Arts Entities or through the Services, will create any warranty or representation not expressly made herein.

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Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHICKASAW ONLINE LANGUAGE ARTS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR

OTHERWISE, AND WHETHER OR NOT THE CHICKASAW ONLINE LANGUAGE ARTS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE

FAILED OF ITS ESSENTIAL PURPOSE.

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6. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at www.chickasawonlinelanguagearts.com, will govern our relationship with you.We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

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The laws of the State of Arizona, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Chickasaw Online Language Arts. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Maricopa County, Arizona, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

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In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Chickasaw Online Language Arts’ failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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These Terms are an agreement between you and Bannachi LLC and its Trade Name; Chickasaw Online Language Arts. If you have any questions about these Terms, please contact us at info@chickasawonlinelanguagearts.com .