This Site and all linked pages (collectively known as the Site) are provided to you by EDU Swarm. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Your continued use of this Site will indicate your acceptance of these Terms and Conditions of Use as presented or modified in the future.
A. This Agreement, which incorporates by reference other provisions applicable to use of the Site, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in the Site, sets forth the terms and conditions that apply to use of the Site by User. By using the Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. EDUS shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CHANGED TERM
EDUS shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, EDUS provides User with access to a variety of resources, including a game room, videos, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions of Use.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability of the products and services. Further, availability for purchase or rental of product types or individual products is subject to change by EDUS in its sole discretion at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase or rental, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at EDUS ‘s sole discretion.
PRIVACY POLICY
EDUS ‘s personal information practices on this Site are governed by EDUS ‘s Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of eighteen (18). See Privacy Policy here.
YOUR OBLIGATIONS
In providing registration and transnational information to EDUS , you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If EDUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EDUS has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site; or (g) engage in “flooding,” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit or cause or enable others to post disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy; (b) infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a EDUS service provider (“Service”), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site;(b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running twenty four (24) hours per day; (c) enable the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others’ passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic or cause or enable others to do any of the above actions.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, images, illustrations, games, audio clips, video clips, movies, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of EDUS or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties. EDUS ‘s name, design and related marks are trademarks of EDUS © 2014 EDUS All rights reserved. EDUS hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. EDUS , content providers and content providers’ licensors do not transfer any title, right or interest to or in any Materials to you. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without express prior written consent of EDUS . Use of Materials is only permitted with the express written permission of EDUS and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Materials are stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Materials are wrapped or otherwise associated with and you may not edit, modify, translate, or create adaptations of the Material or aid, cause or enable others to do such actions. This Section will survive the termination of your right to use this Site.
EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.
USER CONDUCT
A. User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without EDUS ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in EDUS ‘s discretion restricts or inhibits any other User from using or enjoying EDUS will not be permitted. User shall not use EDUS to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with EDUS .
B. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of EDUS are copyrighted as a collective work under the United States copyright laws. EDUS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of EDUS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on The Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and will indemnify and hold EDUS harmless. By submitting material to any public area of EDUS , User automatically grants, or warrants that the owner of such material has expressly granted EDUS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User, to view, access and store or reproduce the material for that other User’s personal use. User hereby grants EDUS the right to edit, copy, publish and distribute any material made available on EDUS by User.
D. The foregoing provisions are for the benefit of EDUS , its subsidiaries, parent company, Website Use Policy
This Site and all linked pages (collectively known as the Site) are provided to you by EDU Swarm. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Your continued use of this Site will indicate your acceptance of these Terms and Conditions of Use as presented or modified in the future.
A. This Agreement, which incorporates by reference other provisions applicable to use of the Site, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in the Site, sets forth the terms and conditions that apply to use of the Site by User. By using the Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. EDUS shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CHANGED TERM
EDUS shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, EDUS provides User with access to a variety of resources, including a game room, videos, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions of Use.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability of the products and services. Further, availability for purchase or rental of product types or individual products is subject to change by EDUS in its sole discretion at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase or rental, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at EDUS ‘s sole discretion.
PRIVACY POLICY
EDUS ‘s personal information practices on this Site are governed by EDUS ‘s Privacy Policy. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of eighteen (18). See Privacy Policy here.
YOUR OBLIGATIONS
In providing registration and transnational information to EDUS , you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If EDUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EDUS has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site; or (g) engage in “flooding,” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit or cause or enable others to post disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy; (b) infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a EDUS service provider (“Service”), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site;(b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running twenty four (24) hours per day; (c) enable the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others’ passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic or cause or enable others to do any of the above actions.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, images, illustrations, games, audio clips, video clips, movies, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of EDUS or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties. EDUS ‘s name, design and related marks are trademarks of EDUS © 2014 EDUS All rights reserved. EDUS hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. EDUS , content providers and content providers’ licensors do not transfer any title, right or interest to or in any Materials to you. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without express prior written consent of EDUS . Use of Materials is only permitted with the express written permission of EDUS and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Materials are stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Materials are wrapped or otherwise associated with and you may not edit, modify, translate, or create adaptations of the Material or aid, cause or enable others to do such actions. This Section will survive the termination of your right to use this Site.
EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.
USER CONDUCT
A. User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without EDUS ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in EDUS ‘s discretion restricts or inhibits any other User from using or enjoying EDUS will not be permitted. User shall not use EDUS to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with EDUS .
B. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of EDUS are copyrighted as a collective work under the United States copyright laws. EDUS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of EDUS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on The Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and will indemnify and hold EDUS harmless. By submitting material to any public area of EDUS , User automatically grants, or warrants that the owner of such material has expressly granted EDUS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User, to view, access and store or reproduce the material for that other User’s personal use. User hereby grants EDUS the right to edit, copy, publish and distribute any material made available on EDUS by User.
D. The foregoing provisions are for the benefit of EDUS , its subsidiaries, parent company, Affiliates and any third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain some if not all of the following: email services, video training courses, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not and will not enable or cause another to:
A. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. 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, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
C. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as 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 email addresses. Violate any applicable laws or regulations.
D. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. EDUS has no obligation to monitor the Communication Services. However, EDUS reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. EDUS reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. EDUS reserves the right at all times to disclose any information as it deems 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 EDUS ‘s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. EDUS does not control or endorse the content, messages or information found in any Communication Services and, therefore, EDUS specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized EDUS spokespersons, and their views do not necessarily reflect those of EDUS .
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing EDUS with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify EDUS immediately of any unauthorized use of User’s account or any other breach of security. EDUS will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by EDUS or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of EDUS and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EDUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, EDUS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. EDUS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
DISPUTE RESOLUTION
All disputes between you and EDUS arising or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes. Neither you nor EDUS will participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. EDUS reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.
TERMINATION
EDUS may at any time and at its sole discretion terminate your right to use this Site.
MEMBERSHIP PLANS
Multiple Membership plans (“EDUS Online”) may be made available from time to time. Check the EDUS Site for the most up to date offerings. Each User can have only one active Membership at any time.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from EDUS about your EDUS Online Membership electronically, either by e-mail or by notices posted on this Site, as determined by EDUS in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by EDUS in writing is satisfied by such electronic communication. You agree that EDUS may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with EDUS .
PROMOTIONAL OFFER
From time to time, in EDUS ‘s sole discretion, EDUS may offer a reduced Membership fee for the EDUS Online service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the EDUS Online service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period if applicable. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic Membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period if you are registered for one of our fee services or products. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time.
MODIFYING YOUR EDUS MEMBERSHIPS
You may modify your EDUS Membership plan, i.e., upgrade, downgrade, and/or change your type of monthly plan, as long as there is no lapse in your Membership. To modify your EDUS Online Membership, go to globallearningcenter.net, and go to “My Account.” By modifying your EDUS Online Membership, you are also agreeing and directing EDUS or its agent to continue to automatically renew your new EDUS Online Membership on each monthly anniversary date applicable to the new Membership plan, for the applicable Membership fee (plus taxes) by charging your Payment Method until your EDUS Online Membership is canceled as provided herein. The new Membership plan will begin on the day which would have been the anniversary date of the prior Membership plan.
SALES TAX POLICY
EDUS will charge all applicable state and local taxes.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are permitted. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
EDUS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EDUS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EDUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDUS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL EDUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO EDUS OR POSTED AT ANY OF ITS SITES
EDUS does not claim ownership of the materials User provides to EDUS (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission, User is granting EDUS , its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all EDUS Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. EDUS is under no obligation to post or use any Submission User may provide and EDUS may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User has the rights necessary to grant the licenses and sub-licensees described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, Videos and Content User is granting (a) to all Members of User’s private community (for each such Images available to Members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images, Videos and Content in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Images.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RIEDUS . NEITHER EDUS , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EDUS , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EDUS .
B. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EDUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RIEDUS OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL EDUS , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE EDUS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EDUS , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT Affiliates SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE EDUS ‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF EDUS AND EDUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EDUS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EDUS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY EDUS OF THE SITE.
EDUS is a distributor and a publisher of its own content, although some content on the site is supplied by third parties and Users. Accordingly, EDUS has no more editorial control over third party content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of EDUS , are those of the respective author(s) or distributor(s) and not of EDUS . Neither EDUS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In some instances, the content available through EDUS represents the opinions and judgments of the respective information provider, User, or other user not under contract with EDUS . EDUS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on EDUS by anyone other than authorized EDUS employee spokespersons while acting in their official EDUS capacity. Under no circumstances will EDUS be liable for any loss or damage caused by a User’s reliance on information obtained through EDUS . It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
EDUS OR ANY OF ITS CONSULTANTS OR EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EDUS ‘ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EDUS . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EDUS OR ANYONE AT EDUS . IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EDUS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
MONITORING
EDUS shall have the right, but not the obligation, to monitor the content of The Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by EDUS and to satisfy any law, regulation or authorized government request. EDUS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Site. Without limiting the foregoing, EDUS shall have the right to remove any material that EDUS , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless EDUS ‘s its affiliates and their respective directors, officers, employees, consultants and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of EDUS by User or User’s Account.
MISCELLANEOUS
This Agreement and any operating rules for The Site established by EDUS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
COPYRIGHT NOTICE
The EDUS , EDUS Online and The Services, and its logos are trademarks of EDUS . All rights reserved. All other third party trademarks appearing on The Site are the property of their respective owners.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.
THE SITE IS COPYRIGHTED BY EDU Swarm , AND NO PART OF THE SITE MAY BE COPIED, OR CHANGED IN ANY FORMAT, SOLD, OR USED IN ANY WAY. EDUS ‘s name, design and related marks are property of EDU Swarm. © 2017. All rights reserved.
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WEBSITE USE POLICY PRIVACY POLICY EARNINGS DISCLAIMER PARTNER TERMS REFUNDS SITE MAPs and any third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain some if not all of the following: email services, video training courses, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not and will not enable or cause another to:
A. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. 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, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
C. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as 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 email addresses. Violate any applicable laws or regulations.
D. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. EDUS has no obligation to monitor the Communication Services. However, EDUS reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. EDUS reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. EDUS reserves the right at all times to disclose any information as it deems 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 EDUS ‘s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. EDUS does not control or endorse the content, messages or information found in any Communication Services and, therefore, EDUS specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized EDUS spokespersons, and their views do not necessarily reflect those of EDUS .
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing EDUS with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify EDUS immediately of any unauthorized use of User’s account or any other breach of security. EDUS will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by EDUS or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of EDUS and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EDUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, EDUS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. EDUS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
DISPUTE RESOLUTION
All disputes between you and EDUS arising or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes. Neither you nor EDUS will participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. EDUS reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.
TERMINATION
EDUS may at any time and at its sole discretion terminate your right to use this Site.
MEMBERSHIP PLANS
Multiple Membership plans (“EDUS Online”) may be made available from time to time. Check the EDUS Site for the most up to date offerings. Each User can have only one active Membership at any time.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from EDUS about your EDUS Online Membership electronically, either by e-mail or by notices posted on this Site, as determined by EDUS in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by EDUS in writing is satisfied by such electronic communication. You agree that EDUS may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with EDUS .
PROMOTIONAL OFFER
From time to time, in EDUS ‘s sole discretion, EDUS may offer a reduced Membership fee for the EDUS Online service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the EDUS Online service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period if applicable. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic Membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period if you are registered for one of our fee services or products. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time.
MODIFYING YOUR EDUS MEMBERSHIPS
You may modify your EDUS Membership plan, i.e., upgrade, downgrade, and/or change your type of monthly plan, as long as there is no lapse in your Membership. To modify your EDUS Online Membership, go to globallearningcenter.net, and go to “My Account.” By modifying your EDUS Online Membership, you are also agreeing and directing EDUS or its agent to continue to automatically renew your new EDUS Online Membership on each monthly anniversary date applicable to the new Membership plan, for the applicable Membership fee (plus taxes) by charging your Payment Method until your EDUS Online Membership is canceled as provided herein. The new Membership plan will begin on the day which would have been the anniversary date of the prior Membership plan.
SALES TAX POLICY
EDUS will charge all applicable state and local taxes.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are permitted. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
EDUS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EDUS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EDUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EDUS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL EDUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO EDUS OR POSTED AT ANY OF ITS SITES
EDUS does not claim ownership of the materials User provides to EDUS (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission, User is granting EDUS , its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all EDUS Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. EDUS is under no obligation to post or use any Submission User may provide and EDUS may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User has the rights necessary to grant the licenses and sub-licensees described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, Videos and Content User is granting (a) to all Members of User’s private community (for each such Images available to Members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images, Videos and Content in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Images.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK . NEITHER EDUS , ITS Affiliates NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EDUS , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH EDUS .
B. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EDUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RIEDUS OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL EDUS , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE EDUS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EDUS , NOR ITS Affiliates, INFORMATION PROVIDERS OR CONTENT Affiliates SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE EDUS ‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF EDUS AND EDUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EDUS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EDUS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY EDUS OF THE SITE.
EDUS is a distributor and a publisher of its own content, although some content on the site is supplied by third parties and Users. Accordingly, EDUS has no more editorial control over third party content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of EDUS , are those of the respective author(s) or distributor(s) and not of EDUS . Neither EDUS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In some instances, the content available through EDUS represents the opinions and judgments of the respective information provider, User, or other user not under contract with EDUS . EDUS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on EDUS by anyone other than authorized EDUS employee spokespersons while acting in their official EDUS capacity. Under no circumstances will EDUS be liable for any loss or damage caused by a User’s reliance on information obtained through EDUS . It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
EDUS OR ANY OF ITS CONSULTANTS OR EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EDUS ‘ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EDUS . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EDUS OR ANYONE AT EDUS . IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EDUS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
MONITORING
EDUS shall have the right, but not the obligation, to monitor the content of The Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by EDUS and to satisfy any law, regulation or authorized government request. EDUS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Site. Without limiting the foregoing, EDUS shall have the right to remove any material that EDUS , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless EDUS‘s its affiliates and their respective directors, officers, employees, consultants and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of EDUS by User or User’s Account.
MISCELLANEOUS
This Agreement and any operating rules for The Site established by EDUS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
COPYRIGHT NOTICE
The EDUS , EDUS Online and The Services, and its logos are trademarks of EDUS . All rights reserved. All other third party trademarks appearing on The Site are the property of their respective owners.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.
THE SITE IS COPYRIGHTED BY EDU Swarm, AND NO PART OF THE SITE MAY BE COPIED, OR CHANGED IN ANY FORMAT, SOLD, OR USED IN ANY WAY. EDUS’s name, design and related marks are property of EDU Swarm. © 2018. All rights reserved.
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