edWeb User Agreement

Last Updated: February 24, 2009

The edWeb is a professional networking website for the education community. The edWeb (www.edweb.net) (the "edWeb" or the "site") is owned and operated by edWeb, LLC. This agreement describes the terms under which you (the "user" or "member") may access and use the edWeb and the services associated with the site. By registering to become a member of the edWeb, you signify that you have read, understand, and agree to be bound by this User Agreement and our Privacy Policy.

Membership Eligibility

Only professionals involved in education or individuals with a professional interest in education are eligible to join the edWeb. A professional involved in education includes any individual who is employed by an organization that is involved in education including an educational institution, a library, a non-profit organization, a research organization, a company, an association, a government agency or organization. An individual with a professional interest in education includes any individual who is a community leader, a member of a PTA/PTO, a retired educator, an education consultant, a student teacher or intern, a student in a teacher education program, a private teacher, or a tutor. Use of the edWeb by anyone else or by anyone under 18 is not permitted. The edWeb is not responsible if an individual joins the site who is not eligible. Membership in the edWeb is void where prohibited.

Personal Use

The edWeb grants you permission to access and use the edWeb. You may not download, copy, or modify any information or content on the website except the following: resources that members have posted to edWeb communities that are intended to be shared with you as a member of the community; resources that members have posted to their home pages that are intended to be shared with you as a personal colleague/contact of the member; with the express consent from the edWeb member who created the content; or with the express consent of the edWeb. Your permission to use the site does not include permission for any resale or commercial use of the contents of the site. You may not use the edWeb for any data mining, information gathering, data compilation, or related purpose. By using the site, you warrant that you will not use the site or its contents for any purpose that is unlawful or prohibited by this User's Agreement.

Organizational Use

The edWeb encourages the participation of associations, non-profits, and companies on the edWeb. If you are using the edWeb to form a community on behalf of a company or for-profit organization, you are required sign a Corporate User's Agreement and pay a corporate rate. For information on creating corporate communities, contact us at info@edweb.net.

Registration

You agree to register for the edWeb with your real name and provide accurate information about yourself. You agree to maintain your profile and keep it up to date. You agree not to impersonate any other person or to misrepresent your affiliations and job responsibilities. If we have reasonable grounds to suspect that your information is untrue or inaccurate, we may suspend or terminate your account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password. If you knowingly provide your login and password information to another person, your account may be terminated. You agree to immediately notify the edWeb of any unauthorized use of your password or account.

Sending Invitations

You may invite individuals who are qualified members of the education community to become a member of the edWeb and to become a "Contact & Friend" of yours. If you are the administrator of an edWeb community, you can invite individuals to join your community and be added as a "Contact & Friend." When you send an invitation email via the edWeb, you enter the invitee's email address and initiate an email inviting that individual to join the edWeb. We store the invitee's email address so that we can verify that the recipient has a valid invitation to join the edWeb and also to register the appropriate connections to you and/or your community. We may send periodic invitation reminders to individuals who do not reply. We do not use the invitee's email address for any other purpose. You are responsible for taking reasonable measures to only invite qualified members of the education community to join the edWeb.

Conduct

The edWeb provides members with privacy settings to manage who is allowed to contact them. All members of the edWeb are required to respect the preferences of other members regarding privacy settings, messaging, and connecting. The edWeb reserves the right to terminate any member who is reported for not following edWeb communication protocol.

The edWeb encourages employees of companies and organizations who provide educational products and services to the education community to join the edWeb. We believe that communication between educators and vendors will help improve the quality of educational products and services. The edWeb provides opportunities for company representatives to form communities to facilitate connecting with educators, and offers tools to recommend communities to educators. If you are a company or organization representative, you agree that you will not use the search functionality of the edWeb for the purpose of identifying and directly soliciting members who are not already a personal contact/friend, or a member of a community of which you are the administrator. As a company representative, you agree that you will not join communities that are formed or sponsored by a competitor, unless you are expressly invited to do so by the administrator of the community.

If you are a member of the edWeb who does not want to receive communications from companies or vendors, you can adjust your permissions in "My Settings" to exclude communications from any edWeb member who classifies themselves as a member of the company/vendor community.

You agree that you will not use the edWeb to post, upload, transmit, or communicate in any way any of the following:

  • Content that may be inaccurate, slanderous, discriminatory, indecent, profane, threatening, hateful, damaging, or unlawful or any content we determine, at our sole discretion, interferes with the ability of other members of the edWeb to enjoy, feel secure, and safe using the edWeb.
  • Content that violates privacy rights, copyrights, or trademarks or any third party information of a private, personal nature including, but not limited to phone numbers, email addresses, and home addresses.
  • Any material that contains software viruses or any other computer code, files or programs that might interfere with the edWeb.

You agree that you will not engage in any activities related to your use of the edWeb to:

  • Forge headers or manipulate identifiers in order to disguise the origin of any communication transmitted through the edWeb.
  • Gather, copy, or extract email addresses for your own purpose or any third party purpose.
  • Use automated scripts or any information gathering process to collect any information from the site.
  • Use the edWeb in any way that could damage, impair, or interfere with the operation of the site.
  • Use information, content or any data you view on and/or obtain from the edWeb to provide any service that is competitive, in edWeb's sole discretion, with edWeb.
  • Attempt to or actually override any security component included in or underlying the edWeb.
  • Use the edWeb in any unlawful manner.
User Content

The edWeb does not endorse or guarantee the accuracy of any content on the site. You are responsible for all content ("content") that you upload, post, or transmit on the edWeb. You are responsible for the copyright, accuracy, appropriateness, and legality of the content you provide or transmit via the edWeb. "Content" includes any posts, text, documents, files, messages, images, audio and video files, and any other information you provide on the site. The edWeb is not obligated to review content on the site, but has the full right to do so. The edWeb may delete or remove any content at its sole discretion and without notice.

When you add content to the edWeb, you give us authorization to make copies necessary to facilitate the posting, display and storage of the content on the site. This is necessary for us to be able to display the content in accordance with the permissions you have established in your edWeb privacy settings. By adding content to the edWeb, you automatically warrant that you grant to the edWeb a perpetual, non-exclusive, irrevocable, unlimited, assignable, sub licensable, fully paid, royalty-free, worldwide license to use, copy, retain, publish, reformat, delete, translate, excerpt and distribute such content in connection with the operation of the edWeb.

The edWeb is not responsible for maintaining any content you have posted to the site. You are responsible for keeping your own copies of any information you have posted. The edWeb has the right, but is not obligated, to delete edWeb communities that we deem to be inactive. The edWeb has the right to delete any community if a community administrator has violated the User Agreement or Privacy Policy. If the community is deleted, all content posted to the community may be lost.

If your disk space usage exceeds 50 MB or significantly exceeds the average usage of other edWeb members, we reserve the right to disable your account or to remove content to reduce your usage.

Intellectual Property Rights

Member of the edWeb must respect and follow all laws regarding intellectual property. We prohibit users from uploading, posting or otherwise transmitting on the edWeb any materials that violate another party's intellectual property rights. To report a suspected violation, please contact us at info@edweb.net.

Termination

The edWeb has the right to terminate your account and access to the edWeb without prior notice if there is any reason to suspect you are not in compliance with the User Agreement or our Privacy Policy. The edWeb has the right to terminate your account if you are inactive for an extended period of time, if your email address has been determined to be invalid for an extended period of time, if you request that we delete your account, if you are required to register as a sex offender in any jurisdiction, and in response to a request by law enforcement or other government agencies. Termination may or may not mean the deletion of content created by you. We do not guarantee that the deletion of your account will remove content posted by you to the site. The edWeb shall not be liable either to you or any third-party for any termination of your account or access to the edWeb, or any deletion of content created by you.

Third Party Services and Offers

In connection with your use of the edWeb, you may take advantage of third party offers, services, or products offered on the edWeb. Third party offers may include offers by outside parties and offers by other members of the edWeb who use edWeb tools to upload sponsorship and advertising to their community pages. The edWeb is not responsible for the performance of any third party on the edWeb or any edWeb member. The inclusion of third party offers does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the edWeb. If you decide to leave the edWeb site and access the site of such third parties, you do so at your own risk and you should be aware that the terms and conditions of this User Agreement no longer apply.

Core Engine and Hosting

We have relationships with subcontractors and service providers who assist us in providing the edWeb service including the core engine, hosting servers, system maintenance and enhancement. These contractors act on our behalf and are contractually required to maintain the confidentiality of the information we provide them. The edWeb does not control the core platform that powers the edWeb. The core platform is owned and operated by an authorized subcontractor. In the event a problem arises with the core platform or our subcontractor ceases business operations, the edWeb shall have no liability in connection with edWeb service interruptions or discontinuance of service.

International Use

If you are using the edWeb from outside the United States, you consent to the transfer of your information to the United States for processing and maintaining in accordance with this User Agreement and our Privacy Policy. You consent to the application of United States law in all matters concerning this site.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless edWeb, LLC, its officers, managers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the edWeb, unauthorized access to or alteration of your communications with or through the edWeb, or any other matter relating to the edWeb. Any interaction and communication that may arise between users from their use of the edWeb are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that the edWeb may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of the edWeb, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE EDWEB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT THE EDWEB DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE EDWEB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. THE EDWEB 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.

THE EDWEB MAKES NO WARRANTY THAT THE EDWEB WILL MEET YOUR REQUIREMENTS; THAT THE EDWEB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE EDWEB WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EDWEB WILL MEET YOUR EXPECTATIONS; THAT ANY ERRORS IN PROGRAMMING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EDWEB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE EDWEB IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

THE EDWEB DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF THE EDWEB SITE; THEREFORE, THE EDWEB DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

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 MAY NOT APPLY TO YOU.

Limitation of Liability

You expressly understand and agree that the edWeb and/or the edWeb LLC 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 the edWeb has been advised of the possibility of such damages).

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the edWeb and its services (or any part thereof). We shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Governing Law and Arbitration

The User Agreement between you and the edWeb will be governed by and construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles.

Any dispute regarding the edWeb shall be settled by arbitration in Princeton, New Jersey, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated and subject further to the provisions of the New Jersey Arbitration Act. The decision of the arbitrator shall be final and binding upon all parties. The prevailing party shall be awarded all the filing fees and related administrative costs. Administrative and other costs of enforcing the arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorneys' fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement and/or the arbitrator's award.

Entire Agreement

The User Agreement constitutes the entire agreement between you and the edWeb and governs your use of the edWeb, superseding any prior agreements between you and the edWeb. We reserve the right, at our sole discretion, to make periodic changes to the User Agreement that may include additions, changes, or deletions. You are responsible for checking the site to determine if changes have been made. We will include the date of the last revision at the beginning of the document. When you continue to use the edWeb, you provide your continued acceptance of the User Agreement.

edWeb Communications

By registering for the edWeb, you give your consent for the edWeb to contact you via email to provide information regarding your membership and the edWeb. You agree to receive email notifications that are specific to your account and necessary for the normal functioning of the edWeb. You agree to have your name and/or email address listed in the header of notifications that you initiate through the edWeb. You can manage the delivery of notifications in your edWeb settings.

edWeb LLC Trademarks

The edWeb.net name, logo and related identities are trademarks of edWeb, LLC. You agree not to display or use these trademarks in any manner without the edWeb, LLC’s prior, written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts from the edWeb without express written permission from the edWeb.

Contacting the edWeb

You may contact the edWeb by phone at 800-575-6015 or by email at info@edweb.net. Our mailing address is PO Box 1387, Princeton, NJ 08542.