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TERMS OF USE
AGREEMENT BETWEEN USER AND MyEdPortal
The MyEdPortal Web Site is comprised of various Web pages operated by MyEdPortal.
The MyEdPortal Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
MyEdPortal Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
MyEdPortal reserves the right to change the terms, conditions, and notices under
which the MyEdPortal Web Site is offered, including but not limited to the charges
associated with the use of the MyEdPortal Web Site.
LINKS TO THIRD PARTY SITES
The MyEdPortal Web Site may contain links to other Web Sites (“Linked Sites”). The
Linked Sites are not under the control of MyEdPortal and MyEdPortal is not
responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. MyEdPortal is not
responsible for webcasting or any other form of transmission received from any Linked Site.
MyEdPortal is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by MyEdPortal of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MyEdPortal Web Site, you warrant to MyEdPortal that you will
not use the MyEdPortal Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the MyEdPortal
Web Site in any manner which could damage, disable, overburden, or impair the MyEdPortal
Web Site or interfere with any other party’s use and enjoyment of the MyEdPortal Web
Site. You may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the MyEdPortal Web Sites.
USE OF COMMUNICATION SERVICES
The MyEdPortal Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, “Communication Services”), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
-Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
-Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
-Upload files that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer.
-Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
-Conduct or forward surveys, contests, pyramid schemes or chain letters.
-Download any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
-Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in
a file that is uploaded.
-Restrict or inhibit any other user from using and enjoying the Communication Services.
-Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
-Harvest or otherwise collect information about others, including e-mail addresses, without
their consent.
-Violate any applicable laws or regulations.
MyEdPortal has no obligation to monitor the Communication Services. However, MyEdPortal
reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. MyEdPortal reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.
MyEdPortal reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in MyEdPortal’s
sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. MyEdPortal does not control or endorse the
content, messages or information found in any Communication Service and, therefore, MyEdPortal
specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized MyEdPortal spokespersons, and their views do not necessarily reflect those
of MyEdPortal.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO MyEdPortal OR POSTED AT ANY MyEdPortal WEB SITE
MyEdPortal does not claim ownership of the materials you provide to MyEdPortal
(including feedback and suggestions) or post, upload, input or submit to any MyEdPortal
Web Site or its associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting MyEdPortal,
its affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
MyEdPortal is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in MyEdPortal’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
MyEdPortal WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. MyEdPortal AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE MyEdPortal WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE MyEdPortal WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
MyEdPortal AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE MyEdPortal WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
MyEdPortal AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MyEdPortal AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
MyEdPortal WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MyEdPortal WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MyEdPortal WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MyEdPortal WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MyEdPortal OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
MyEdPortal WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE MyEdPortal WEB SITE.
SERVICE CONTACT : info@myedportal.com
TERMINATION/ACCESS RESTRICTION
MyEdPortal reserves the right, in its sole discretion, to terminate your access to the
MyEdPortal Web Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the
use of the MyEdPortal Web Site. Use of the MyEdPortal Web Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and MyEdPortal as a result of
this agreement or use of the MyEdPortal Web Site. MyEdPortal’s performance of
this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of MyEdPortal’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the MyEdPortal Web Site
or information provided to or gathered by MyEdPortal with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement between the
user and MyEdPortal with respect to the MyEdPortal Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and MyEdPortal with respect to the MyEdPortal Web Site.
A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to the parties that
this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MyEdPortal Web Site are: Copyright © 2004 MyEdPortal and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service Provider’s
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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