etools4Education User Agreement This agreement (hereinafter, the
"Agreement") between etools4Education. (hereinafter, "etools",
"us" "we" or "our") and you sets forth the terms and conditions which govern
your use of any of the etools website and/or the services (hereinafter, the
"Services") thereon which are provided by etools.
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF OUR SERVICES. BY ACCESSING
OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE OUR WEB SITE OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH
USE. ETOOLS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING
THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE our
website AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF
SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE
REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS
AGREEMENT.
1. Limited License; Use of Services.
etools grants
to you a limited personal, non-exclusive and non-transferable right and license
to access our website and use the Services thereon. Unless otherwise specified
in writing, the Services are for your personal and non-commercial
use.
etools services shall contain, without limitation, upon signing up
for the Web-Centric Alternative Certification Program, access to any and all
materials, software, and programs necessary to complete and obtain a teaching
certification in the State of Texas.
2.
Prohibited Activities.
In connection with your use of the etools site
and/or the Services we offer, you acknowledge and agree that you will
not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to
discover the source code, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information, software, products or services obtained through the website or the
services;
b. access the our website or Services by any means other than
through the standard industry-accepted or etools-provided
interfaces;
c. transmit any message, information, data, text, software or
image, or other content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable which may invade anothers right of privacy or publicity;
d.
impersonate any person or entity, including without limitation, a etools
official, forum leader, chat room monitor, guide or host, or falsely state or
otherwise misrepresent your affiliation with such a person or entity;
e.
post or transmit any material that contains a virus or corrupted data;
f.
delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
g. use any of our
communications features in a manner that adversely affects the availability of
its resources to other users (e.g., excessive shouting, use of all caps, or
flooding continuous postings of repetitive text);
h. post or transmit any
unsolicited advertising, promotional materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or otherwise;
i.
violate any applicable local, state, national or international law;
j.
upload or transmit any material that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
k. delete or
revise any material posted by any other person or entity;
l. manipulate
or otherwise display the our website and/or the Services by using framing or
similar navigational technology;
m. register, subscribe, attempt to
register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any
party for any etools product or Service if you are not expressly authorized by
such party to do so; or
n. use the website and/or the Services we offer
for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the website or the Services in any manner that could damage,
disable, overburden or impair etoolss servers or networks, or interfere with
any other users use and enjoyment of our website and/or the Services.
Furthermore, you may not attempt to gain unauthorized access to any of our
website, Services, accounts, computer systems or networks connected to etools
through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the our website or the Services.
3.
Billing and Renewal Transactions and Policies.
In the event you wish to
subscribe to the etools members site, you will be asked by etools or an
authorized third party to supply certain information, including without
limitation, your full name, address, telephone number and credit card
information. You agree to provide etools or such third party with the
foregoing information as well as any other mandatory information that is
accurate, complete and current, and to comply with the terms and conditions of
any agreement that you may enter into governing your purchase of the product or
Service. You shall be responsible for all charges incurred through your account
as well as for paying any applicable taxes.
4. Message Boards and Chat
Rooms.
etools hosts message boards, chats and other public forums on
our website. Any user failing to comply with the terms and conditions of this
Agreement may be expelled from and refused continued access to, the message
boards, chats or other public forums in the future. etools or its designated
agents may remove or alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended to serve as
discussion centers for users and subscribers. Information and content posted
within these public forums may be provided by etools staff, etoolss outside
contributors, or by users not connected with etools, some of whom may employ
anonymous user names. etools expressly disclaims all responsibility and
endorsement and makes no representation as to the validity of any opinion,
advice, information or statement made or displayed in these forums by third
parties, nor are we responsible for any errors or omissions in such postings, or
for hyperlinks embedded in any messages. Under no circumstances will we, our
affiliates, suppliers or agents be liable for any loss or damage caused by your
reliance on information obtained through these forums. The opinions expressed in
these forums are solely the opinions of the participants, and do not reflect the
opinions of etools or any of its subsidiaries or affiliates.
5.
Monitoring.
etools has no obligation whatsoever to monitor any of the
content or postings on the message boards, chat rooms or other public forums on
our website. However, you acknowledge and agree that we have the absolute right
to monitor the same at our sole discretion. In addition, we reserve the right to
alter, edit, refuse to post or remove any postings or content, in whole or in
part, for any reason and to disclose such materials and the circumstances
surrounding their transmission to any third party in order to satisfy any
applicable law, regulation, legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
Materials posted
and/or uploaded to the various public forums may be subject to size and usage
limitations. You are responsible for adhering to such limitations.
6.
Third Party Content.
In general, the content contained on any of the our
website or Services is supplied by third parties and users. Accordingly,
etools is a distributor (and not a publisher) of such content and has no more
editorial control over such 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, are those of the respective authors or distributors, and
not etools. Neither etools nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content.
Furthermore, etools neither endorses nor is responsible for the accuracy and
reliability of any opinion, advice, or statement made on any of the our website
or Services by anyone other than an authorized etools representative while
acting in his/her official capacity.
7. Contests and
Games.
etools often provides contests and games on our website. The
rules, regulations and procedures governing any of the foregoing shall be
accessible through a hypertext link prominently displayed on the web page where
the contest or game may be located. By entering or participating in any of them,
you agree to be subject to those rules, regulations and procedures. Please
remember to read the rules carefully before participating.
8. Accounts,
Passwords and Security.
If any of our website or Services require you to
open an account, you must complete the registration process by providing
etools with current, complete and accurate information, as prompted by the
applicable registration form. You acknowledge that by providing any information
to etools which is untrue, inaccurate, not current or incomplete, etools
reserves the right to terminate this Agreement and your continued access and use
of the our website and/or the Services.
As part of the registration
process, you will be asked to select a username and password. You are entirely
responsible for maintaining the security and confidentiality of your account and
password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT. You agree to notify etools immediately of any unauthorized use of
your account or any other breach of security. etools will not be liable for
any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you may be held liable
for any losses incurred by etools or another party due to someone else using
your account or password.
9. Disclaimer Regarding Links.
The links
on any of our websites and/or Services will let you leave the particular Site or
Service you are accessing in order to access a linked site (the "Linked our
website"). etools provides these links as a convenience, but we neither
control nor endorse these Linked our website, nor has etools reviewed or
approved the content which appears on the Linked our website. etools is not
responsible for the legality, accuracy or inappropriate nature of any content,
advertising, products or other materials on or available from any Linked our
website. You acknowledge and agree that etools shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of any of the links, content, goods or
services available on or through the Linked our website.
10. Dealings
with Third Parties.
Your participation, correspondence or business
dealings with any third party found on or through our website and Services,
regarding payment and delivery of specific goods and services, and any other
terms, conditions, representations or warranties associated with such dealings,
are solely between you and such third party. You agree that etools shall not
be responsible or liable for any loss, damage, or other matters of any sort
incurred as the result of such dealings.
11. Copyright Policy.
The
Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under the U.S. copyright law. If you believe in good faith that
materials hosted by etools infringe your copyright, you, or your agent may
send to etools a notice requesting that the material be removed or access to
it be blocked. Any notification by a copyright owner or a person authorized to
act on its behalf that fails to comply with requirements of the DMCA shall not
be considered sufficient notice and shall not be deemed to confer upon etools
actual knowledge of facts or circumstances from which infringing material or
acts are evident. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send to
etools a counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details.
We suggest that you consult
your legal advisor before filing a notice or counter-notice. Also, be aware that
there can be penalties for false claims under the DMCA.
12.
Privacy.
etools policy with respect to the collection and use of your
personally identifiable information is set forth at
http://www.etools4education.com/privacy.php. By accepting these Terms of Service, you
acknowledge this policy.
13. Disclaimer of Warranties.
THE WEBSITE
AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED,
ACCESSED OR OBTAINED ON OR THROUGH OUR WEBSITE AND SERVICES ARE PROVIDED "AS
IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, etools AND ITS AFFILIATES,
SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE
OF OUR WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND
FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY
INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT
DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, OUR WEBSITE OR
SERVER(S) ON WHICH THE SERVICES AND OUR WEBSITE ARE HOSTED ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR WEBSITE AND THE SERVICES AND ANY
INFORMATION OR MATERIALS PROVIDED ON OR THROUGH OUR WEBSITE AND SERVICES ARE
ENTIRELY AT YOUR OWN RISK.
14.Limitation of Liability.
NEITHER
ETOOLS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS
ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE OUR WEBSITE
OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON OUR WEBSITE AND/OR THE SERVICES;
(iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR WEBSITE
AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH
OUR WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY
INFORMATION AVAILABLE ON OUR WEBSITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF ANY CONTENT ON OUR WEBSITE OR THE SERVICES, or (vii) ANY OTHER
MATTER RELATING TO OUR WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL etoolsS
TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],
STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF
THE SERVICES OR OUR WEBSITE.
15. Professional Advice
Disclaimer.
ETOOLS WEBSITE DOES NOT PROVIDE MEDICAL OR COUNSELING
ADVICE. NOTHING STATED OR POSTED ON ANY WEBSITE OR AVAILABLE THROUGH ANY
SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF
MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY,
PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS,
PROGNOSIS OR ADVICE. OUR WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND ETOOLS
MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE OR CONTENT.
16. Indemnification.
You
agree to indemnify, defend, and hold etools and its subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, employees, and
representatives harmless from and against any and all claims, damages, losses,
costs or expenses (including reasonable attorneys fees and disbursements) which
arise directly or indirectly out of or from (i) your breach of this Agreement,
(ii) any allegation that any materials that you submit to etools or post on
any forums (e.g., message boards, chat rooms) infringe or otherwise violate the
copyright, trade secret, trademark or other intellectual property rights of a
third party, and (iii) your access or use of the our website and/or the
Services. This Section 17 shall survive in the event this Agreement is
terminated for any reason.
17. Jurisdictional Issues.
etools
makes no representation or warranty that the content and materials on our
website and/or the Services are appropriate or available for use in locations
outside the United States. Those who choose to access the our website or use the
Services from other locations do so on their own initiative and at their own
risk, and are responsible for compliance with local laws, if and to the extent
applicable. etools reserves the right, at any time in our sole discretion, to
limit the availability and accessibility of the our website and/or the Services
to any person, geographic area, or jurisdiction we so desire, and to limit the
quantities of any such Service or products that we provide.
18.
Termination.
This Agreement shall remain effective until terminated in
accordance with its own terms and conditions. You agree that etools, in its
sole discretion, may terminate your password, account (in whole or in part), or
use of the our website or Services, and remove and discard any content within
the our website, at any time and for any reason. You agree that any actions
taken under this Section 19 may be effective without prior notice to you. In the
event of termination, however, those Sections in this Agreement which provide
for continuing obligations on your part shall survive indefinitely.
19.
General Information.
This Agreement constitutes the entire agreement and
understanding between you and etools and governs your use of our website and
the Services, superseding any prior agreements between you and etools. This
Agreement and the relationship between you and etools shall be governed by and
construed in accordance with the laws of the State of Texas, without regard to
its conflict of law provisions. You and etools irrevocably agree to submit to
the personal and exclusive jurisdiction of the federal and state courts located
within the county of Harris, in the State of Texas, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. The
failure of etools to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severed herefrom and shall not affect the validity and enforceability of
any remaining provisions. The section titles in this Agreement are for
convenience purposes only and have no legal or contractual effect. This
Agreement is not assignable, transferable or sub-licensable by you except with
our prior written consent. However, we may assign this Agreement to any third
party whom we choose without your consent. No waiver by etools of any breach
or default hereunder shall be deemed a waiver of any preceding or subsequent
breach or default. |
