Welcome to The Plain English Institute, Inc. (PEI) and www.plainenglishinstitute.org. PEI maintains this site to provide information about PEI and its services. These Terms of Use govern your use of this site, so please read them carefully.
Your use of this site confirms that you have read these Terms of Use and that you agree with them, as we may periodically modify them. If we modify them, we will post the modifications on this page. Modifications are effective when posted. It is your responsibility to periodically review these Terms of Use to be aware of any changes. Your continued use of this site confirms your agreement to such changes. We reserve the right to add to, remove, change, or terminate access to any site content or functions without notice. If you do not agree with these Terms of Use, do not use this site.
1. Copyright of Site Content / Trademarks. Unless otherwise indicated, all site content is PEI’s property. You may not use any site content for any commercial purpose without PEI’s written consent. You may use site content for educational purposes provided you do not alter the content, you give credit to the author, and you do not remove any copyright notices. The Plain English Certified logo is a registered trademark of PEI. PEI also holds common law rights in its logos and the mark “Plain English Certified.”
2. Not Responsible for Links. This site may contain links to other sites. These sites are independent of PEI, and PEI has no control over, or responsibility for, such sites.
3. Disclaimer. PEI strives to make certain the information on this site is up to date, but PEI assumes no responsibility for any errors or omissions in this site’s content. PEI specifically disclaims any duty to update this site’s information.
4. Emails and Confidentiality. PEI will treat your communications as confidential to the extent required by law. However, any feedback or suggestions, written or oral, directed to PEI concerning the site or PEI become PEI’s property. PEI may periodically send you emails, but you may unsubscribe from PEI’s email list by sending an email to info@plainenglishinstituteorg@gmail.com with UNSUBSCRIBE in the subject line.
5. No Warranties Regarding this Site. PEI maintains this site on an AS AVAILABLE basis. PEI makes no representations or warranties of any kind, express or implied, as to the operation or availability of this site.
6. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PEI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT PEI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. PEI IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD-PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. PEI’s INTENT IS TO LIMIT ITS POTENTIAL LIABILITY TO MAXIMUM EXTENT THE LAW ALLOWS.
7. Duty to Defend and Indemnify. You agree to defend and indemnify PEI (and its affiliates, officers, directors, employees, consultants, agents, and representatives) from all third party claims of any kind arising from your use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
8. Dispute Notice Requirements / Mediation / Venue for Legal Action / Waiver of Jury / Attorney’s Fees. If you have a dispute with PEI, you must notify PEI in writing of the nature of the dispute and provide sufficient documentation that PEI can intelligently evaluate it. If we cannot resolve the dispute within fourteen days after your notice, PEI, at its option, may require you to participate in non-binding mediation in Boulder, Colorado, with each party to pay ½ the mediation costs before you may file suit. In any legal action in any way arising out of your use of this site or any transaction with PEI, you agree that the exclusive venue shall be in the County or District Court of Boulder County, Colorado, or if federal jurisdiction is mandatory, in the U.S. District Court for the District of Colorado in Denver. You waive trial by jury in action against PEI. In any such action, the court must award the prevailing party its attorney’s fees and costs.
9. Transaction of Business. PEI has no physical presence in any state other than Colorado. You agree that PEI’s maintenance of this site does not constitute the transaction of business in any state other than Colorado.
10. Governing Law. Colorado law governs these Terms of Use and any issues arising out of them, your use of this site, or any transaction between you and PEI.
11. Severability. If a court invalidates any provision of these Terms of Use, the remaining provisions remain in effect, and the court shall reform the invalidated provision for PEI’s benefit to the maximum extent the law allows.
12. Captions. The captions of each section are for convenience only. No court shall consider them in construing these Terms of Use.
13. Waiver. Failure to insist upon strict compliance with any provision of these Terms of Use is not a waiver of that provision. No waiver of any provision is valid unless signed by an authorized officer of PEI.