Introduction

THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITE UNDER THE SOLE OR JOINT CONTROL OF SKOOLWORK LIMITED AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY ASPECT OF THE WEBSITE LISTED HERE. USE OF OUR WESBITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY SKOOLWORK LIMITED.

These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.

Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or the Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.

Terms and Conditions for all users

Who we are

This Website is brought to you by Skoolwork Ltd. References to "we", "our" and "us" are references to Skoolwork Ltd.

Use of your personal information

These Terms and Conditions incorporate our Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Website. For more information, please see our full Privacy Policy.

The Service

Skoolwork Ltd provides users with access to an online homework service. Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions and may be subject to Additional Terms as linked herein, or otherwise notified to you. Any purchase contract you may enter into by using the Services will be subject to the terms of sale presented to you at the time of sale in addition to these Terms and Conditions and any Additional Terms applicable to the relevant Service. User-Uploaded Content (as defined below) may be made available for download subject to various terms and conditions and under specific additional licences in respect of such content; at all times, such license arrangements are made in the assumption that although you retain intellectual property rights, you release part of that right to Skoolwork Ltd to use, as it deems appropriate, all uploaded content, including but not limited to, all types of homework created and assigned. Any breach of the arrangement will result in a breach of these Terms and Conditions and subsequent legal proceedings may be pursued.

Eligibility and supervising children

Certain aspects of the Services may require you to register and provide information about yourself. You agree that you represent, warrant and covenant that you are 13 years of age or older (unless the immediatly following paragraphs have been complied with) if you reside in the United States of America, its territories and possessions (the “US”), you further agree, regardless of location to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by using the appropriate forms on our Website or emailing us at help@skoolwork.co.uk) to keep it true, accurate, current and complete. We may terminate your account and any or all rights to the Website, Services or licences granted if any information you provide is inaccurate, false, or incomplete.

IMPORTANT ADDITIONAL REQUIREMENTS REGARDING UNDER-13 USERS:

  • US federal law (The Childrens' Online Privacy and Protection Act, AKA "COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Therefore, we only collect Personal Information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in the Terms of Use) to obtain parental consent for that child to use the Services and disclose Personal Information to us. However, no child under 13 may send us any Personal Information unless he or she has signed up through his or her school, district or teacher and such school, district or teacher has obtained parental consent for that child to use the Services and disclose Personal Information to us. If you are a student under 13, please do not send any Personal Information to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Services. If we learn we have collected Personal Information from a student under 13 without parental consent from his or her parent or guardian or obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at help@skoolwork.co.uk.
  • If you are signing up for this service and creating accounts on behalf of student(s), you represent and warrant that you are either (a) a teacher or school administrator or otherwise authorized by a school or district to sign up on behalf of students or (b) the parent of such student(s) or (c) a person authorized by the parent of the child(ren) whom you are representing. If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with these Terms and Conditions, and applicable Additional Terms and our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

Skoolwork Ltd is concerned about the safety and privacy of all its users, particularly children. Certain features of the Service may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user below the ages of 18, please review these Terms and Conditions with your parent or guardian. Your parent or guardian should agree to these Terms and Conditions on your behalf and parental discretion is advised for all users under the age of 18. For this reason, parents or teachers who wish to allow their children or pupils access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services.

If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and undertake that:

  • you have all necessary power and authority to enter into and perform your and its obligations under these Terms and Conditions;
  • you have taken all requisite corporate and other action to approve the entering into and performance of these Terms and Conditions and shall provide evidence of that action to Skoolwork Ltd on request; and
  • once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations of and on such Institution or company.

An "Institution" means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, without limitation, schools, Local Authorities, School Groups, Private Tuition Centres and Servcies,  FE Colleges and HE universities that have chosen to use the Services brought to you by Skoolwork Ltd.

Member accounts, passwords and security

The Internet is not a secure medium. However, Skoolwork Ltd will endeavour to protect all personal information collected through the Website in accordance with appropriate data protection standards.

The registration processes on the Website may involve you giving a password and account designation. 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 (a) immediately notify Skoolwork Ltd of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Skoolwork Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Member Acceptance of Terms of Sale

Your use of the Website and registration of an account includes the ability to enter into agreements and/or to make purchases electronically and/or via invoicing. You agree that any submissions you make for purchases constitute your intent and agreement to be bound by the terms of these Terms and Conditions and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Website, including notices of cancellation, policies, contracts, and applications.

Your conduct

Our Website allows you to create resources online, including through the uploading of files and other digital materials such as images, videos and audio files. For the purpose of these Terms and Conditions, such content is generically referred to as “User-uploaded Content.”

Any pages of the Website where you are able to create or upload materials are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data, messages, documents and materials uploaded or contributed to our Website ("User-Uploaded Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Website by any of our users.

You acknowledge that by using the Services, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Objections" for details of how to report such User-Uploaded Content.

You should be aware that a party aggrieved by your User-Uploaded Content (for instance, because it is defamatory or infringes another party's rights) may take legal action against you. This could result in Registration Data and/or other data concerning your identity being disclosed, and you having to pay compensation, to the aggrieved party.

You agree to not use the Services to:

  • upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
    • you do not have a right to transmit or that infringes the intellectual property rights of any party;
    • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
    • amounts to unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or prohibited marketing content including (but not limited to) illicit marketing to children; and/or
    • contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user's ability to access and use the Services;
  • impersonate any person or entity, including, but not limited to, a Skoolwork Ltd staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services;
  • harm or attempt to harm minors in any way;
  • intentionally or unintentionally violate any applicable law or regulation;
  • collect or store personal data about other users;
  • use data mining, robot, spider, scraping or similar automated data gathering, extraction or publication tools for any purpose;
  • post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means;
  • advertise any job vacancies in any area of our forums (other than through a Website which is clearly designated as a recruitment service); and/or
  • breach any license you have been granted to make use of any User-Uploaded Content.

You acknowledge that Skoolwork Ltd generally does not pre-screen User-Uploaded Content that you post on the Website, but that Skoolwork Ltd and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Website. If Skoolwork Ltd determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, Skoolwork Ltd may refuse to accept or may remove any User-Uploaded Content from the Website, without any liability to you or a third party.

Special warning for international use

The Website is designed to be compliant with applicable UK and US laws and regulations and are intended for use only by users resident in the United Kingdom, or the United States. Due to the global nature of the Internet, users from all over the world may have access to the Website. If you are resident in a country outside of the UK or US you use the Website at your own risk.

Rights in posted content and your licence(s) to use such content

Licences to User-Uploaded Content uploaded by you

Our Website allows you to share User-Uploaded Content with other users.

When you upload User-Uploaded Content to our Website, you will (assuming you are the owner of the User-Uploaded Content) retain all intellectual property rights that you own in that User-Uploaded Content. In some circumstances, you are able to modify or remove your User-Uploaded Content as you wish. Where you are not, it may be because the User-Uploaded Content has been modified by another user, but such User-Uploaded Content will not be available for public sharing., yet the user of such content will retain your granted license so long as their remain a user of our Website.

To enable us to provide the Service and host your User-Uploaded Content we require a licence to use the User-Uploaded Content that you create, upload, or otherwise contribute, to our Website. In regards to this license, you grant us and each of our Affiliates a non-exclusive, sublicensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, create derivative works from, distribute and display such User-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology. In the event that you remove your User-Uploaded Content from our Website, from the date of such removal, the licence(s) granted to us above will be deemed to have terminated. You warrant that you have the right to upload the User-Uploaded Content and grant the rights set out in the licences above.

Your use of other parties’ User-Uploaded Content

Certain parts of our services enable you to collate, remix, list, organise, arrange systematically, catalogue or otherwise use other parties’ User-Uploaded Content within our Website. You agree that your use of the services in such manner does not entitle you to any intellectual property rights in or in connection with other parties’ User-Uploaded Content that you so use. To the extent that any intellectual property rights (including any database or other similar right and any moral rights thereto) exist or arise as a result of your use of other parties’ User-Uploaded Content in such manner (“Arising Database IP”), you agree (i) that ownership of such Arising Database IP shall automatically vest in Skoolwork Ltd, and that you waive all right, title and interest that you may obtain or have obtained in or to such Arising Database IP; and (ii) if you are required to do so by Skoolwork Ltd, that you shall do all things reasonably necessary to confirm Skoolwork Ltd’s ownership of such Arising Database IP. 

General practices regarding use and storage

You acknowledge that Skoolwork Ltd may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded User-Uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Skoolwork Ltd has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Skoolwork Ltd reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that Skoolwork Ltd reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access our Website, and/or (c) to use, edit, browse, download or transfer any materials on our Website, including any User-Uploaded Content.

Modifications to the Services

Skoolwork Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Skoolwork Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you have paid for Services which is then discontinued by Skoolwork Ltd without good cause, Skoolwork Ltd will compensate you when it is legally required to do so.

Termination

You agree that Skoolwork Ltd, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Website and/or the Service or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Skoolwork Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Skoolwork Ltd's only remedy and Skoolwork Ltd may take any other action we reasonably deem appropriate in connection with such breach.

Links to other websites or resources

The Service may provide, or third parties may provide, links to other websites or resources. Because Skoolwork Ltd has no control over these sites and resources, you acknowledge and agree that Skoolwork Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Skoolwork Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Skoolwork Ltd's proprietary rights

Unless otherwise indicated, Skoolwork Ltd is the owner or the licensee of all copyright, trade mark rights and/or other intellectual property rights in the Website and the Service (including any content made available through the Website and/or the Service (see also "Rights in posted content" above) and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Skoolwork Ltd reserves all intellectual property rights not otherwise granted under these Terms and Conditions.

"Skoolwork" and "Skoolwork Ltd" are trademarks of Skoolwork.co.uk. Without Skoolwork Ltd's prior permission, you agree not to display or use in any manner the Skoolwork Ltd Marks.

Use of Skoolwork Ltd Material

All articles, information and other materials presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Skoolwork Ltd.

Skoolwork Ltd grants you a personal, non-transferable and non-exclusive right and licence to use the Website and the Service for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Websits for any purpose not specifically listed in these Terms and Conditions, to compete with Skoolwork Ltd, to create derivative works based on the content of the Website, or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, Skoolwork Ltd may revoke the licence granted to you.

You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of this Website or the Services without Skoolwork Ltd's prior written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. None of the above alters any rights granted directly to you under the terms of a Creative Commons licence in respect of any particular User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or User-Uploaded Content.

Disclaimers

You expressly acknowledge and agree that:

  • Your use of the Service, and website, is at your sole risk. Skoolwork Ltd has made every effort to ensure that the content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of Skoolwork Ltd for any errors, omissions or inaccurate information on the Website or available through the Service.
  • The content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the content of the Website or the Service as a substitute for proper professional advice.
  • Skoolwork Ltd is not responsible for how the content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service.
  • Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and 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.
  • No advice or information, whether oral or written, obtained by you from Skoolwork Ltd shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

Confidential Information

You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain by entering into these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of Skoolwork Ltd and its licensors, and you agree that during the term of your use of the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.

For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Skoolwork Ltd, its users and members, Affiliates, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website content belonging to others and other intellectual property.

Limitations of Liability

Skoolwork Ltd's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited to the greater of: (a) £150 and (b) the price validly paid by you to Skoolwork Ltd under any contract for paid services during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that Skoolwork Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.

Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Skoolwork Ltd.

Events outside of our control

Skoolwork Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
  • the acts, decrees, legislation, regulations or restrictions of any government.

Skoolwork Ltd's performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.

Notice and disclaimer regarding email

E-mail is not a 100% virus-free or a secure medium. Any e-mail message from Skoolwork Ltd, including any attachments transmitted with it, may contain legally privileged or private information. Such messages are intended solely for the use of the individual or entity to whom it is addressed. If you have received such a message in error, please notify the sender and delete it from your system. You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.

Whilst Skoolwork Ltd scans all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s). It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements. We reserve the right to read any e-mail or attachment entering or leaving our systems without notice.

Content objections

If you object to the publication of any material including User-Uploaded Content made available through our Website or Service, either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know by emailing us and clearly identifying the objectionable material. Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on race, religious belief or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying).

If you object to anything anywhere else on this Website, please let us know by sending an email explaining your concern to help@skoolwork.co.uk and we will take whatever action we deem appropriate.

Complaints about our Website and Service

If you have any complaints about the Website or Service, we want to hear from you so we can improve our service. Please e-mail us at help@skoolwork.co.uk and we'll consider your comments carefully.

General information

These Terms and Conditions (including the Privacy Policy and any additional terms, guides and rules referred to herein, constitute the entire agreement between you and Skoolwork Ltd and govern your use of the Service, superseding any prior agreements between you and Skoolwork Ltd. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms and Conditions represent a contract between you and Skoolwork Ltd, they (and any dispute or claim arising in connection with them or their subject matter or formation) shall be governed by and interpreted in accordance with the law of England and Wales, and we and you both irrevocably agree that any dispute or claim arising between you and us shall be adjudicated exclusively by the Courts of England and Wales, save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located. Any term or terms which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement. The parties agree that in interpreting a clause and/or the whole agreement the court should take these terms as the most authoritative statement of the intentions of the parties notwithstanding any such strikeout, and that the court should endeavour to give effect to the parties' intentions as reflected herein. Any failure by Skoolwork Ltd to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. References to the words “include” and “including” shall be interpreted as without limitation, irrespective of whether certain instances of those words expressly state “without limitation” and other instances do not.