Last updated March 2011

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this program and site, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use (Agreement) and any modifications that may be made to these Terms of Use from time to time. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to the icandothatkids.com and ICDTK.com websites (referred to herein as ICDTK.com) and any other site (collectively referred to as ICDTK.com) owned and/or operated by Atmotivate or on behalf of Atmotivate or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use.

You may not use ICDTK.com for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

If you are a teacher or education professional, your use of ICDTK.com is licensed to you for the period of your subscription. If you are a parent or guardian, your use of ICDTK.com during the period of your subscription and its associated materials are only for your personal (and your child’s) use.

IF YOU ARE A PARENT OR GUARDIAN AND YOU ALLOW YOUR CHILD TO USE ICDTK.COM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOU AND YOUR CHILD’S USE OF ICDTK.COM.

USE OF MATERIALS
This site is owned and operated by Atmotivate and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the website are the property of Atmotivate and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from ICDTK.com or printed materials provided by Atmotivate may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download the materials to any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Atmotivate's copyright, trademark, and trade secret rights and others' proprietary rights. If you are subscribed as a teacher or education professional, you are permitted to make limited copies of the ICDTK.com Printables for use by your students during the period of your subscription. If you are subscribed as a parent, you are permitted to make limited copies of the ICDTK.com Printables for use by your child during the period of your subscription. For purposes of this Agreement, any other reproduction for any purpose of all or part of the website or any of the printed materials, by any means, not expressly allowed in these Terms of Use is prohibited. The use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Atmotivate, Atmotivate does not transfer title to the Software to you. As between you and Atmotivate, Atmotivate retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant Atmotivate and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on ICDTK.com, including without limitation via message boards, and/or blogs or any other features on ICDTK.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on ICDTK.com. Users are not permitted to upload to, distribute through, or otherwise publish through ICDTK.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on ICDTK.com. Unauthorized collection and/or use of email addresses via ICDTK.com are not allowed. The parent and/or legal guardian agrees to monitor the activities of their child enrolled in the ICDTK.com website and agrees to be responsible for all the actions of their child on the ICDTK.com website.

Comments you post on, upload to, or distribute through a message board, blog or any similar feature of ICDTK.com will be accessible by others, including users of ICDTK.com. Please be sure that any such comments you make available to other users of ICDTK.com are comments that you are willing to share with the public.

Users are solely responsible for the content of their messages including without limitation the message board postings and/or comments made in blogs, and/or any other features on ICDTK.com. Atmotivate is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of ICDTK.com including without limitation the message board postings and/or comments made in blogs, and/or any other features on ICDTK.com. You acknowledge that ICDTK.com may pre-screen and/or monitor content posted on ICDTK.com, and that ICDTK.com shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any blog, and/or similar feature on ICDTK.com at any time for any reason, at ICDTK.com’s sole discretion. Any inappropriate content should be immediately reported. Atmotivate reserves the right to unilaterally cancel all access to ICDTK.com as a result of any inappropriate behavior.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on ICDTK.com and any rules for conduct on ICDTK.com or use of specific features and/or services offered thereon that may be posted on ICDTK.com whether in these terms of use or otherwise.

DISCLAIMER - NO PERSONAL ADVICE
Materials contained on this site are made available to assist teachers, education professionals, parents and children in developing techniques to improve learning skills and in pursuing challenges. Your use of this site and materials from this program is at your own risk. Any informational materials provided by Atmotivate or ICDTK.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, or other advice that may be required based on individual conditions or circumstances. Appropriate licensed professionals must directly evaluate, diagnose and treat disabilities and symptoms of physical or mental health conditions. The information on this website and provided by this program in no way substitutes for or represents any form of treatment for psychological, emotional, behavioral and physical syndromes or disorders.

Without limitation of the Disclaimer paragraphs set forth below, Atmotivate makes no representations or warranties regarding, and expressly disclaims any and all liability concerning any action by any person using the information offered or provided by Atmotivate or within or through ICDTK.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

PRICING
With respect to items sold by Atmotivate we do NOT charge your credit card until after your order has entered the shipping process. From time to time, however, some items may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:

If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.

If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.

CHANGES TO SITE OR MATERIALS
ICDTK.com may add, change, discontinue, remove or suspend any portion of ICDTK.com at any time, without notice.

USER ACCOUNTS
You must be 18 years of age or older to purchase or subscribe to and use ICDTK.com and it related materials. You agree to provide true, accurate and complete information about yourself and any users of the account you authorize. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of ICDTK.com using your account and/or identity. Atmotivate reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of ICDTK.com for any reason, including without limitation for extended periods of inactivity.

REGISTRATION PROCESS AND INFORMATION
In order to register with ICDTK.com you will be required to provide us with certain information about yourself, including, without limitation, your name, address, e-mail address, country of residence, state and zip code. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If ICDTK.com believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

We may also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer's hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the account, to ensure that your account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Terms of Use and our Privacy Policy, which is hereby incorporated by reference. You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the website and, in our sole discretion, to report you to the appropriate government authorities. We are not responsible or liable if your Account is "hacked" or your Account (or the information contained therein) is otherwise deleted.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from ICDTK.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from ICDTK.com, if in ICDTK.com's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from ICDTK.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
ATMOTIVATE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ICDTK.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." ATMOTIVATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ICDTK. COM AND ANY WEB SITE TO WHICH IT IS LINKED.. ICDTK.COM COM DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON ICDTK.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT ICDTK.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF ICDTK.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. ICDTK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ICDTK.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ICDTK. COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ICDTK. COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON ICDTK.COM, EVEN IF ICDTK. COM OR AN ICDTK. COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ICDTK.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR PURCHASE PRICE OR SUBSCRIPTION TO ICDTK.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING ICDTK.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED., AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE THESE RIGHTS.

INDEMNIFICATION
By using ICDTK.com, you agree to indemnify, defend and hold harmless Atmotivate from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on ICDTK.com; or (3) any material uploaded by you or through your computer to ICDTK.com or otherwise sent by you to ICDTK.com. You will cooperate as fully and reasonably as required by ICDTK.com in the defense of any claim. ICDTK.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ICDTK.com.

JURISDICTIONAL ISSUES
ICDTK.com is controlled and operated by Atmotivate from its offices in New York, United States of America. ICDTK.com makes no representation that materials on ICDTK.com are appropriate or available for use in other locations. Those who choose to access ICDTK.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from ICDTK.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You and ICDTK.com each agree to submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the Eastern District of New York. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS
All material on ICDTK.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on ICDTK.com (outside of personal, non-commercial use), please write to:
Atmotivate
PO Box 592
Southold, NY 11971

PERMISSION FOR WEB LINKING
If you link to ICDTK.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by ICDTK.com. Any such link must not damage, dilute or tarnish the goodwill associated with ICDTK.com and/or any Atmotivate intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with ICDTK.com, and you may not “frame” ICDTK.com. You may not link to ICDTK.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Atmotivate’s sole discretion. Atmotivate reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to ICDTK.com, please send your name, address, web site URL, and nature of the web site to:
Atmotivate
PO Box 592
Southold, NY 11971

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
Atmotivate
P.O Bo 592
Southold, NY 11971

The notification must be in writing and include:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
   
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
   
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
   
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Atmotivate reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at insert link to terms of use page on ICDTK.com website.

For other questions about ICDTK.com:

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