Terms of Service
Acceptance of Terms
19Pencils provides its 19Pencils.com service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice.
Description of Service
19Pencils provides users with access to various communications and educational resources
(the "Service"). You understand and agree that the (Service) may include certain communications
from 19Pencils, such as service announcements, administrative messages, product images and details,
third-party vendor content, etc. and that these communications are considered part of membership.
You understand and agree that the Service is provided "AS-IS" and that 19Pencils assumes no
responsibility for the deletion or failure to store any user communications or personalization
Your Registration Obligations
You agree to: (a) provide true, accurate, current and complete information about yourself.
If you provide any information that is untrue, inaccurate, not current or incomplete, or
19Pencils has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, 19Pencils has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof).
Member Account, Password and Security
You will receive an account upon completing the registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify 19Pencils of any unauthorized use of your password or
account or any other breach of security. 19Pencils cannot and will not be liable for any
loss or damage arising from your failure to comply with these terms.
You understand that all information, data, quiz content, text, software, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person or party from which
such Content originated. This means that you, and not 19Pencils, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available via
the Service. 19Pencils does not control the Content posted by members via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will 19Pencils be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You acknowledge, consent and agree that 19Pencils may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief that
such access preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the terms of Service; (c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of 19Pencils, its users and the public.
You agree to indemnify and hold 19Pencils, and its subsidiaries, affiliates, officers,
agents, associates, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the terms of Service, or
your violation of any rights of another.
General Practices Regarding Use and Storage
You acknowledge that 19Pencils may establish general practices and limits
concerning use of the Service. You agree that 19Pencils has no responsibility or liability
for the deletion or failure to store any Content maintained or transmitted by the Service.
You acknowledge that 19Pencils reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that 19Pencils reserves the right
to modify these general practices and limits from time to time.
Modifications to Service
19Pencils reserves the right at any time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that 19Pencils shall not
be liable to you or to any third party for any modification, suspension or discontinuance of
You agree that 19Pencils may at its sole discretion and without prior notice, immediately
terminate your account and access to the Service. Further, you agree that all terminations
shall be made in 19Pencils's sole discretion and that 19Pencils shall not be liable to you
or any third-party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. 19Pencils EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. 19Pencils MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 19Pencils OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 19Pencils SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR
FROM THIRD PARTIES ASSOCIATED WITH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
The terms of Service constitute the entire agreement between you and 19Pencils and govern
your use of the service. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other 19Pencils services. The terms of Service and the
relationship between you and 19Pencils shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and 19Pencils agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of San Mateo,
California. The failure of 19Pencils to exercise or enforce any right or provision of the
terms of Service shall not constitute a waiver of such right or provision. If any provision of
the terms of Service is found by a court of competent jurisdiction to be invalid, 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 the terms of Service remain in full
force and effect. You 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 the Service or the terms of Service must
be filed within one (1) year after such claim or cause of action arose or be forever barred.