|
|
| 1 |
ACCEPTANCE OF TERMS
|
| |
Welcome to eDocent.com. eDocent provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular
eDocent services, you and eDocent shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. |
| 2 |
DESCRIPTION OF SERVICE
|
| |
eDocent currently provides users with access to a rich collection of
on-line resources, including, online forums, course management systems,
etc. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
eDocent assumes no responsibility for the timeliness, deletion, mis-delivery,
or failure to store any user communications or contributions. |
| 3 |
YOUR REGISTRATION OBLIGATIONS
|
| |
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or eDocent has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, eDocent
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). |
| 4 |
MEMBER ACCOUNT, PASSWORD AND
SECURITY |
| |
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to immediately notify eDocent of any unauthorized use of your password
or account or any other breach of security. eDocent cannot and will not
be liable for any loss or damage arising from your failure to notify us
of changes or problems.
eDocent may use your registration information to contact you to clarify
a question, assist you with a problem, or facilitate communication with
other users. If you participate in activities on the web site, we may
use your registration information to help you, coordinate your efforts
with other staff and users, or express appreciation. If your
registration information is accessed, it will be by eDocent staff only.
eDocent will not give your registration information to other users. We
do not sell our customer names, addresses, or other information to third
parties for any purpose. |
| 5 |
MEMBER CONDUCT
|
| |
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("content"),
are the sole responsibility of the person from which such content
originated. This means that you, and not eDocent, are entirely
responsible for all Content that you upload, post, or otherwise transmit
via the Service. eDocent does not control the content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such content. All users therefore agree that all access and
use of eDocent.com is the user's own risk. Under no circumstances will
eDocent be liable in any way for any content, including, but not limited
to, for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any content
transmitted via the Service.
You agree to not use the Service to:
|
1 |
upload, post, or
otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, racially, ethnically or otherwise objectionable; |
|
2 |
harm minors in any way; |
|
3 |
impersonate any person
or entity, including, but not limited to, a eDocent
official, community leader, forum moderator, or falsely
state or otherwise misrepresent your affiliation with a
person or entity; |
|
4 |
forge headers or
otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service; |
|
5 |
upload, post, or
otherwise transmit any content that you do not have a right
to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
|
6 |
upload, post, or
otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; |
|
7 |
upload, post, or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in areas that are designated for such
purpose; |
|
8 |
upload, post, or
otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment; |
| 9 |
interfere with or
disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; |
|
10 |
"stalk" or otherwise
harass another; or |
|
11 |
Collect or store
personal data about other users. |
You
acknowledge that eDocent does not pre-screen content, but that eDocent
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any content that is available via the
Service. Without limiting the foregoing, eDocent and its designees shall
have the right to remove any content that violates the TOS or is
otherwise objectionable. eDocent makes every effort to keep all data at
this site accurate and up to date, but make no warranties or
representations regarding the data. You agree that you must evaluate,
and bear all risks associated with, the use of any content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any
content created by eDocent or submitted to eDocent, including without
limitation information in eDocent.com forums, and in all other parts of
the Service.
You acknowledge and agree that eDocent may preserve content and may also
disclose content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims
that any content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of eDocent, its users and the
public.
You understand that the technical processing and transmission of the
Service, including your content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. |
| 6 |
INDEMNITY |
| |
You agree to indemnify and hold eDocent, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to or transmit through the Service, your use of
the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another. |
| 7 |
MODIFICATIONS TO SERVICE
|
| |
eDocent reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that eDocent shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service |
| 8 |
TERMINATION |
| |
You agree that eDocent, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any content within the Service, for any reason,
including, without limitation, for lack of use or if eDocent believes
that you have violated or acted inconsistently with the letter or spirit
of the TOS. eDocent may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that eDocent may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or the Service.
Further, you agree that eDocent shall not be liable to you or any
third-party for any termination of your access to the Service. |
| 9 |
DEALINGS WITH BUSINESS PARTNERS
|
| |
Your correspondence or business dealings with, or participation in
promotions of, business partners found on or through the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such business partners. You
agree that eDocent shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such business partners on the Service.
Sun Microsystems and the Sun Microsystems Business Partner emblem are
registered trademarks of Sun Microsystems Corporation in the United
States, other countries, or both.
IBM and the IBM Business Partner emblem are registered trademarks of IBM
Corporation in the United States, other countries, or both. |
| 10 |
LINKS |
| |
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because eDocent has no control over
such sites and resources, you acknowledge and agree that eDocent is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that eDocent shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource. |
| 11 |
DISCLAIMER OF WARRANTIES
|
| |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. EDOCENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. b. EDOCENT MAKES NO WARRANTY THAT
(i) THE SERVICE WILL
MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS AND
(V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM EDOCENT OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
|
| 12 |
LIMITATION OF LIABILITY
|
| |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDOCENT SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EDOCENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE
OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY
OTHER MATTER RELATING TO THE SERVICE. |
| 13 |
EXCLUSIONS AND LIMITATIONS |
| |
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 12 MAY
NOT APPLY TO YOU. |
eDocent
811 Court Street
Suite 219A
Utica, NY 13502
contact@eDocent.com
|
|
|
 |
| Don't take our word for it, try eDocent out for FREE with our 30-Day free trial. Simply click below to start trial! |
 |
|
 |
 Refer 3 people and host your course for 1 year, FREE!
Refer 5 people and host your course for 2 years, FREE |
|
 |
|
Let's us come and show you the first hand just why eDocent is the best choice for your oraganization.
|
|
Click below to request a live demonstration!
|
 |
|
|
|
|