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edWeb User Agreement
Last Updated: December 8, 2011 edWeb.net is a professional networking website for the education community. edWeb.net (www.edweb.net) ("edWeb.net" 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 edWeb.net and the services associated with the site, including the ability to create groups or communities (“Communities”). By registering to become a member of edWeb.net, 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 edWeb.net. 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. Students may use edWeb.net only with permission from edWeb.net and under the supervision of a teacher or educator. Use of edWeb.net by anyone else is not permitted. edWeb.net is not responsible if an individual joins the site who is not eligible. Membership in edWeb.net is void where prohibited. Personal Use
edWeb.net grants you permission to access and use edWeb.net. edWeb.net is free for all individual members who are eligible to join with the exception of students. edWeb.net reserves the right to charge a hosting fee for any educational institution granted permission to use edWeb.net for students. You may not download, copy, or modify any information or content on the website except resources that are intended to be shared with you by your colleagues and contacts, and by the communities you are a member of. 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 edWeb.net 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
Organizations can use edWeb.net to create Communities for networking and collaboration. There is no charge for any school, college, or state-level or local non-profit organizations that would like to use edWeb.net to create Communities. edWeb.net charges sponsorship fees for other organization and for-profit companies involved in education, such as national associations, non-profits, and companies, to use edWeb.net to create Communities. Organizations can create Communities on the edWeb for the purpose of discussing issues in education, for providing product information and support, for customer training and professional development, for event planning, for internal communications, and for any other purpose that relates to providing educational information, products, or services for the education community. The organization may invite their own employees, customers, prospects, contacts, and members to join their edWeb.net Communities, but only professionals involved in education or individuals with a professional interest in education are eligible to join. edWeb.net has the right to terminate any member who is not eligible to join the edWeb.net. For information on sponsorship fees, contact us at info@edweb.net. Registration
You agree to register for edWeb.net 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 edWeb.net of any unauthorized use of your password or account. You agree to allow edWeb.net to update your email address if edWeb.net receives a change of email notice from you. You agree to let edWeb.net change your password for you if your password is lost. Conduct
As a member of edWeb.net, you agree to participate in a professional manner and post comments and information that are relevant to the communities you join. edWeb.net provides members with privacy settings to manage who is allowed to contact them. All members of edWeb.net are required to respect the preferences of other members regarding privacy settings, messaging, and connecting. edWeb.net reserves the right to terminate any member who is reported for not following edWeb communication protocol. You agree that you will not use the search functionality of edWeb.net 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. You agree not to post comments that could be interpreted as solicitations or competitive offers in communities that are administered or sponsored by other organizations. As a company or organization 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. edWeb.net reserves the right to remove a member from a community if requested to do so by the community administrator or sponsor. You agree that you will not use edWeb.net to post, upload, transmit, or communicate in any way any of the following:
You agree that you will not engage in any activities related to your use of edWeb.net to:
User Content
edWeb.net 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 edWeb.net. You are responsible for the copyright, accuracy, appropriateness, and legality of the content you provide or transmit via edWeb.net. "Content" includes any posts, text, documents, files, messages, images, audio and video files, and any other information you provide on the site. edWeb.net is not obligated to review content on the site, but has the full right to do so. edWeb.net may delete or remove any content at its sole discretion and without notice. When you add content to edWeb.net, 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 edWeb.net, you automatically warrant that you grant to edWeb.net 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 edWeb.net. edWeb.net 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. edWeb.net has the right, but is not obligated, to delete edWeb.net communities that we deem to be inactive. edWeb.net 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
Members of edWeb.net must respect and follow all laws regarding intellectual property. We prohibit users from uploading, posting or otherwise transmitting on edWeb.net any materials that violate another party's intellectual property rights. To report a suspected violation, please contact us at info@edweb.net. Termination
edWeb.net has the right to terminate your account and access to edWeb.net without prior notice if there is any reason to suspect you are not in compliance with the User Agreement or our Privacy Policy. edWeb.net 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. edWeb.net shall not be liable either to you or any third-party for any termination of your account or access to edWeb.net, or any deletion of content created by you. Third Party Services and Offers
In connection with your use of edWeb.net, you may take advantage of third party offers, services, or products offered on edWeb.net. Third party offers may include offers by outside parties and offers by other members of edWeb.net who use edWeb tools to upload sponsorship and advertising to their community pages. edWeb.net is not responsible for the performance of any third party on edWeb.net or any edWeb member. The inclusion of third party offers does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by edWeb.net. If you decide to leave edWeb.net 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 edWeb.net 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. edWeb.net does not own the core platform that powers edWeb.net. 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, edWeb.net shall have no liability in connection with edWeb service interruptions or discontinuance of service. International Use
If you are using edWeb.net 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 edWeb.net, unauthorized access to or alteration of your communications with or through edWeb.net, or any other matter relating to edWeb.net. Any interaction and communication that may arise between users from their use of edWeb.net 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 edWeb.net 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 edWeb.net, its users, and the public. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT EDWEB.NET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EDWEB.NET DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. EDWEB.NET ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. EDWEB.NET 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. EDWEB.NET MAKES NO WARRANTY THAT EDWEB.NET WILL MEET YOUR REQUIREMENTS; THAT EDWEB.NET SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM USING EDWEB.NET WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH EDWEB.NET WILL MEET YOUR EXPECTATIONS; THAT ANY ERRORS IN PROGRAMMING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDWEB.NET SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH EDWEB.NET 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. EDWEB.NET DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF EDWEB.NET SITE; THEREFORE, EDWEB.NET 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 edWeb.net and/or edWeb.net 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 edWeb.net 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, edWeb.net 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 edWeb.net 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 edWeb.net 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 edWeb.net and governs your use of edWeb.net, superseding any prior agreements between you and edWeb.net. 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 edWeb.net, you provide your continued acceptance of the User Agreement. edWeb Communications
By registering for edWeb.net, you give your consent for edWeb.net to contact you via email to provide information regarding your membership and edWeb.net. You agree to receive email notifications that are specific to your account and necessary for the normal functioning of edWeb.net. You agree to have your name and/or email address listed in the header of notifications that you initiate through edWeb.net. You can manage the delivery of notifications in your edWeb settings. edWeb LLC Trademarks
edWeb.net.net name, logo and related identities are trademarks of edWeb, LLC. You agree not to display or use these trademarks in any manner without edWeb.net, 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 edWeb.net without express written permission from edWeb.net. Contacting the edWeb
You may contact edWeb.net by phone at 800-575-6015 or by email at info@edweb.net. Our mailing address is PO Box 1387, Princeton, NJ 08542. |
