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Terms of use
AGREEMENT BETWEEN USER
AND Edutrust
The Edutrust Web Site is comprised of
various Web pages operated by Edutrust.
The Edutrust Web Site is offered to you
conditioned on your acceptance without
modification of the terms, conditions,
and notices contained herein. Your use
of the Edutrust Web Site constitutes
your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE
TERMS OF USE
Edutrust reserves the right to change
the terms, conditions, and notices under
which the Edutrust Web Site is offered,
including but not limited to the charges
associated with the use of the Edutrust
Web Site.
LINKS TO THIRD PARTY
SITES
The Edutrust Web Site may contain links
to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control
of Edutrust and Edutrust is not
responsible for the contents of any
Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or updates
to a Linked Site. Edutrust is not
responsible for webcasting or any other
form of transmission received from any
Linked Site. Edutrust is providing these
links to you only as a convenience, and
the inclusion of any link does not imply
endorsement by Edutrust of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the
Edutrust Web Site, you warrant to
Edutrust that you will not use the
Edutrust Web Site for any purpose that
is unlawful or prohibited by these
terms, conditions, and notices. You may
not use the Edutrust Web Site in any
manner which could damage, disable,
overburden, or impair the Edutrust Web
Site or interfere with any other party's
use and enjoyment of the Edutrust Web
Site. You may not obtain or attempt to
obtain any materials or information
through any means not intentionally made
available or provided for through the
Edutrust Web Sites.
USE OF COMMUNICATION
SERVICES
The Edutrust Web Site may contain
bulletin board services, chat areas,
news groups, forums, communities,
personal web pages, calendars, and/or
other message or communication
facilities designed to enable you to
communicate with the public at large or
with a group (collectively,
"Communication Services"), you agree to
use the Communication Services only to
post, send and receive messages and
material that are proper and related to
the particular Communication Service. By
way of example, and not as a limitation,
you agree that when using a
Communication Service, you will not:
-
Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate,
profane, defamatory, infringing,
obscene, indecent or unlawful topic,
name, material or information.
-
Upload files that contain software
or other material protected by
intellectual property laws (or by
rights of privacy of publicity)
unless you own or control the rights
thereto or have received all
necessary consents.
-
Upload files that contain viruses,
corrupted files, or any other
similar software or programs that
may damage the operation of
another's computer.
-
Advertise or offer to sell or buy
any goods or services for any
business purpose, unless such
Communication Service specifically
allows such messages.
-
Conduct or forward surveys,
contests, pyramid schemes or chain
letters.
-
Download any file posted by another
user of a Communication Service that
you know, or reasonably should know,
cannot be legally distributed in
such manner.
-
Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source of
software or other material contained
in a file that is uploaded.
-
Restrict or inhibit any other user
from using and enjoying the
Communication Services.
-
Violate any code of conduct or other
guidelines which may be applicable
for any particular Communication
Service.
-
Harvest or otherwise collect
information about others, including
e-mail addresses, without their
consent.
-
Violate any applicable laws or
regulations.
Edutrust has no
obligation to monitor the Communication
Services. However, Edutrust reserves the
right to review materials posted to a
Communication Service and to remove any
materials in its sole discretion.
Edutrust reserves the right to terminate
your access to any or all of the
Communication Services at any time
without notice for any reason
whatsoever.
Edutrust reserves the right at all times
to disclose any information as necessary
to satisfy any applicable law,
regulation, legal process or
governmental request, or to edit, refuse
to post or to remove any information or
materials, in whole or in part, in
Edutrust's sole discretion.
Always use caution when giving out any
personally identifying information about
yourself or your children in any
Communication Service. Edutrust does not
control or endorse the content, messages
or information found in any
Communication Service and, therefore,
Edutrust specifically disclaims any
liability with regard to the
Communication Services and any actions
resulting from your participation in any
Communication Service. Managers and
hosts are not authorized Edutrust
spokespersons, and their views do not
necessarily reflect those of Edutrust.
Materials uploaded to a Communication
Service may be subject to posted
limitations on usage, reproduction
and/or dissemination. You are
responsible for adhering to such
limitations if you download the
materials.
MATERIALS PROVIDED TO
Edutrust OR POSTED AT ANY Edutrust WEB
SITE
Edutrust does not claim ownership of the
materials you provide to Edutrust
(including feedback and suggestions) or
post, upload, input or submit to any
Edutrust Web Site or its associated
services (collectively "Submissions").
However, by posting, uploading,
inputting, providing or submitting your
Submission you are granting Edutrust,
its affiliated companies and necessary
sub licensees permission to use your
Submission in connection with the
operation of their Internet businesses
including, without limitation, the
rights to: copy, distribute, transmit,
publicly display, publicly perform,
reproduce, edit, translate and reformat
your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with
respect to the use of your Submission,
as provided herein. Edutrust is under no
obligation to post or use any Submission
you may provide and may remove any
Submission at any time in Edutrust's
sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission
you warrant and represent that you own
or otherwise control all of the rights
to your Submission as described in this
section including, without limitation,
all the rights necessary for you to
provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Edutrust WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Edutrust
AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE
Edutrust WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Edutrust WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Edutrust AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE Edutrust WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Edutrust AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL
Edutrust AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE
Edutrust WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Edutrust WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Edutrust WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE
Edutrust WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Edutrust
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Edutrust WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Edutrust WEB SITE.
SERVICE CONTACT : Support@Edutrust.org
TERMINATION/ACCESS
RESTRICTION
Edutrust reserves the right, in its sole
discretion, to terminate your access to
the Edutrust Web Site and the related
services or any portion thereof at any
time, without notice. GENERAL To the
maximum extent permitted by law, this
agreement is governed by the laws of the
State of Washington, U.S.A. and you
hereby consent to the exclusive
jurisdiction and venue of courts in King
County, Washington, U.S.A. in all
disputes arising out of or relating to
the use of the Edutrust Web Site. Use of
the Edutrust Web Site is unauthorized in
any jurisdiction that does not give
effect to all provisions of these terms
and conditions, including without
limitation this paragraph. You agree
that no joint venture, partnership,
employment, or agency relationship
exists between you and Edutrust as a
result of this agreement or use of the
Edutrust Web Site. Edutrust's
performance of this agreement is subject
to existing laws and legal process, and
nothing contained in this agreement is
in derogation of Edutrust's right to
comply with governmental, court and law
enforcement requests or requirements
relating to your use of the Edutrust Web
Site or information provided to or
gathered by Edutrust with respect to
such use. If any part of this agreement
is determined to be invalid or
unenforceable pursuant to applicable law
including, but not limited to, the
warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will
be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire
agreement between the user and Edutrust
with respect to the Edutrust Web Site
and it supersedes all prior or
contemporaneous communications and
proposals, whether electronic, oral or
written, between the user and Edutrust
with respect to the Edutrust Web Site. A
printed version of this agreement and of
any notice given in electronic form
shall be admissible in judicial or
administrative proceedings based upon or
relating to this agreement to the same
extent an d subject to the same
conditions as other business documents
and records originally generated and
maintained in printed form. It is the
express wish to the parties that this
agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Edutrust Web Site
are: Copyright 2006 - 2007 by Edutrust
and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations,
products, people and events depicted
herein are fictitious. No association
with any real company, organization,
product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications
of claimed copyright infringement under
United States copyright law should be
sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement. |