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1. Welcome to EDTLearning.com. By using this Service, you agree to be bound by all of the terms of this Agreement and in the Discussion Guidelines. Portions of the Service are currently free to all Members, and other portions ("Charged Areas") of the Service are restricted to paying Members who have registered for access. EDT Learning, Inc. ("We") reserve the right to charge for additional portions of this Service in the future, however, in such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
2. You represent that you have read and agree to abide by the EDTLearning.com™ Service Discussion Guidelines.
3. (a) This site is intended for persons 13 years or older. You will be responsible for all charges incurred, if any, including payment for any goods or services, and all statements or materials, including liability for harm caused by such statements or materials, while your account is being used. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
(b) As part of the registration process for access to Charged Areas, you will select a password and Student name ("EDT Learning ID"). You will on an ongoing basis provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that we, in our sole discretion, deem offensive.
(c) You agree to notify webmaster@edtlearning.com of any known or suspected unauthorized use(s) of your EDT Learning ID, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of EDT Learning, Inc., its employees or agents
4. This Service (including, but not limited to text, content, photographs, graphics, video and audio("Content") is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service.
5. (a) You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal, educational, non-commercial use as follows: you may make one machine readable copy and/or one print copy for your personal use only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
(b) EDTLearning.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party which includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of 5(a), neither you nor any third party should make use of the contents of the Service in any manner that interferes with format and appearance of the Service as we have designed it.
(c) You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by us, and any attempt at such sublicense, assignment or transfer is void. You may copy such software for archival purposes only. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
6. You agree to indemnify and hold harmless EDT Learning, Inc., its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the EDTLearning.com" Service Discussion Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we cannot and do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk. We reserve the right to restrict access to or the availability of material that we consider to be obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable.
8. EDT Learning, Inc., its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
9. This Agreement may be terminated by EDT Learning, Inc. at any time. Sections three (3) and six (6) through nine (9) of this Agreement shall survive such termination. You may cancel your membership by sending us an e-mail or notice via regular mail and making no further use of this Service. Further use after such cancellation shall render such cancellation ineffective.
10. This Agreement shall be governed by the laws of the United States and the State of California.
BY CONTINUING TO USE EDTLEARNING.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
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