Terms and Conditions of Use

Welcome to PineappleAcademy.com (the “Website”).  Please read this Terms and Conditions of use Notice (“Notice”) carefully before using the Website.  By viewing or otherwise using this Website, you agree you are 13 or older and agree to the Pineapple Academy (“PA”) privacy policy and to the terms and conditions in this Notice.

We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time.  We will provide notice of such changes only by posting the updated Notice on our Website and changing the “last updated” date listed above.  This Notice applies exclusively to your access to, interaction with, and use of, this Website and does not alter in any way the terms or conditions of any other agreement you might have with PA for products, services, or otherwise.  We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.

If you have any questions regarding the use of the Website, please refer to the Frequently Asked Questions section within Customer Support.  All other questions or comments about the Website should be directed to info@pineappleacademy.com.

Privacy Policy

PA believes strongly in protecting user privacy.  PA has therefore adopted a Privacy Policy.  Users of this Website should refer to PA’ Privacy Policy, available for viewing here, before providing any information.

USER REGISTRATION

(A)  In order to access or use some features of the Website, you will have to become a registered user.  If you are under the age of 13, then you are not permitted to register as a user or otherwise submit personal information to PA.

(B)  In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information.  During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users.  You are responsible for safeguarding and maintaining the confidentiality of your Membership.  You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity.  You agree to notify us immediately at our customer support address of any breach of security or unauthorized use of your Membership.

Proprietary Rights

I.         Content

PA or its affiliates or licensors solely and exclusively own all rights, title and interest in all Website materials, including, without limitation, the PA logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”). 

II.        Website Usage

Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the Website.  When you use the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.  You may display and print material from this Website solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact.  Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of PA, is strictly prohibited.

Other prohibited uses include:

i)  Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the Website Content for any purpose without the express written permission of PA.  Notwithstanding the foregoing, PA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

ii)  You may not use, frame or utilize framing techniques to enclose any PA trademark, logo, or other proprietary information, including the images found at this Website, the content of any text, or the layout/design of any page or form contained on any pages of the Website, without PA’ express written consent.  Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of PA or any third party.

III.      API Usage

You are granted a limited, nonexclusive, non-sublicensable right to access the PA Application Programming Interface (API) on the terms specified herein.  This website, the API and the Content are available for your personal, non-commercial use only.  Any other use, including but not limited to any commercial use, reproduction for mass distribution, modification, republication, display or performance, without the prior written permission of PA is strictly prohibited.  You may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials available through the API. 

We reserve the right, without notice and in our sole discretion, to terminate your license to use the API.  Violation of any of these terms or conditions may subject you to legal actions.

IV.       Trademarks

“PineappleAcademy.com”, “Pineapple Academy”, and any other trademarks on this Website are trademarks of PA or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PA.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PA, and may not be copies, imitated, or used, in whole or in part, without the prior written permission of PA.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

PA might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Website.  Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property.  Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray PA or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked at any time.

Third-Party Content & Services

PA may provide hyperlinks to sites, such as search engines and content of third parties (“Third‑Party Content”) as a service to those interested in this information.  PA does not monitor nor does PA have control over any Third-Party Content.  PA does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness.  PA does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content.  Users use these hyperlinks and Third-Party Content contained therein at their own risk.

Submissions

By submitting, disclosing, or offering any review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each a “Submitted Item”) to PA, either online or offline and whether or not solicited by PA, you hereby grant to PA an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.

You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.  You will take, at PA’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by PA to effect, perfect, and confirm the license granted to PA to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of PA and PA is under no obligation to publish or use any Submitted Item.  If your Submitted Item is published, used and/or posted on the Website or otherwise used by PA, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting or use.  By submitting, disclosing, or offering a Submitted Item, you hereby grant PA the right to use your name in connection with the publication, use or posting of your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

User Conduct

This Website might include discussion forums or other interactive areas, including, but not limited to, bulletin boards and exchange areas.  All such forums and interactive areas shall be used only for non-commercial purposes.  You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website.  You agree not to use the Website to do any of the following:

            1.         Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;

            2.         Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;

            3.         Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

            4.         Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

            5.         Without PA’ written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;

            6.         Harm minors in any way; or

            7.         Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer

THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.  PA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT.  PA DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR‑FREE.  PA DOES NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

PA reserves the right to change any and all Content contained on this Website at any time without notice.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PA.

Limitation of Liability

IN NO EVENT SHALL PA OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless PA, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third-party’s rights or interests.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem in appropriate or which we believe might subject us to any liability.  We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website.  INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its choice of law principles to the contrary.  You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Jackson County, Missouri, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.

Termination

PA reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

Copyright Complaints

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent: Tucker Graves

Service Provider:   PA

Name of Agent Designated to Receive Notification of Claimed Infringement:  Tucker Graves

Full Address of Designated Agent to Which Notification Should be Sent: Pineapple Academy, ATTN: T. Graves, 605 SW US Highway 40, #292 Blue Springs, MO 64014.

Telephone number of Designated Agent: (816) 775-0600

E-Mail Address of Designated Agent: info@pineappleacademy.com.

To be effective, the notification must be a written communication that includes the following:

1.         A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to  permit us to locate the material;

4.         Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.         A statement that the complaining party has a good-faith belief that use of the 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.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.  PA may, within its sole discretion, terminate authorization of users to its Website who are repeat infringers.