TERMS AND CONDITIONS OF USE
General Website Terms and Conditions
This page states the Terms and Conditions (the “General Terms” or the “Agreement”) under which any User (“User”) may use the EI1 (Education-IndustryONE) Web Site located at http://www.EI1.org (the “Web Site” or “Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by these Terms. If User does not accept any of the Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. Education-IndustryONE may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.Education-IndustryONE.org/terms.htm) periodically to review the Terms.
EI1 may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page periodically to review the Terms. User’s continued use of the Site after any such modifications shall constitute user’s acceptance of these Terms and Conditions as modified.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.
1. Permitted Uses of Our Site and Content
All Content on our Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site (“Material”) are the intellectual property of Education-IndustryONE or other parties, and is protected by copyright and other intellectual property law, and are owned or controlled by Education-IndustryONE or by third parties that have licensed their Material to Education-IndustryONE. We have listed below the permitted uses of our Content by Internet Site visitors. We reserve the right to change our permitted uses at any time.
User may copy and print individual pages of our Site. However, user may not extract, copy or download a large portion of the Content, such as by a bot, WebCrawler, scraper, spider or other device that “harvests” portions of the Site. Any copies of our Site pages must not remove any copyright, trademark or other proprietary notices or other legends. User may not alter or modify the Content in user’s copies. User may use and print minimal copies of our Content solely for user’s personal, non-commercial purposes. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of Education-IndustryONE and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the “Marks”) displayed on the Web Site are owned by Education-IndustryONE or third parties. User is prohibited from using those Marks without the express, written permission of Education-IndustryONE or such third party. If User would like information about obtaining Education-IndustryONE’s permission to use the Material on Your website, e-mail Education-IndustryONE@Education-IndustryONE.org. Education-IndustryONE and all related logos, whether or not registered, are trademarks belonging to Education-IndustryONE. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners.
Education-IndustryONE reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. Education-IndustryONE shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
3. Prohibited Uses of Our Site and Content
User may not display this Site as “framed” within another website. User may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site.
User may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.
We reserve the right to change or supplement our policies as to prohibited uses at any time.
4. Links to Other Websites
The Education-IndustryONE Site may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by Education-IndustryONE of the contents on such third-party Web sites. Education-IndustryONE is not responsible for the content of linked third-party sites. Education-IndustryONE exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. Education-IndustryONE shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User in connection therewith. Users acknowledge their use of these third party websites is at their sole risk. Education-IndustryONE expressly disclaims any responsibility for user access to or use of such other websites.
5. Representations and Warranties – Liability Disclaimers
User represents, warrants and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of Education-IndustryONE, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of Education-IndustryONE). The Material may contain inaccuracies or typographical errors. Education-IndustryONE makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.
USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER’S SOLE RISK. NEITHER EDUCATION-INDUSTRYONE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EDUCATION-INDUSTRYONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
6. Disclaimers of Certain Damages
EDUCATION-INDUSTRYONE DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS WILL BE AT HIS/HER SOLE RISK.
To gain a greater level of access, User must be authorized by Education-IndustryONE and then once authorized, the User will select a password, and be assigned an ID number. Each User is expressly prohibited from using another User’s ID without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of that User’s authorization. Each User shall be solely responsible for maintaining the confidentiality of their password.
Each User shall notify Education-IndustryONE of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of his/her confidential information.
Education-IndustryONE reserves the right to send User’s electronic mail for the purpose of informing Members of changes or additions to the Web Site, this Agreement and any other service provided by Education-IndustryONE.
User agrees to defend, indemnify, and hold harmless Education-IndustryONE, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Web Site and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. Education-IndustryONE shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding. Education-IndustryONE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
This page states the Terms and Conditions (the “Specific Terms” or the “Agreement”) under which any User (“You”) may use the Education-IndustryONE Web Site located at http://www.Education-IndustryONE.org (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by both the General Terms & Conditions for use of the Education-IndustryONE site, and these additional Member Terms. If User does not accept any of the Terms stated here, he/she must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. Education-IndustryONE may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.Education-IndustryONE.org/terms.htm) periodically to review the Terms. Each User is responsible for all use of his/her information and is responsible for maintaining the confidentiality of his/her password. These Specific Terms and Conditions incorporate the General Terms of Conditions of the Education-IndustryONE site by reference. Each User hereby understands that he/she is bound by all General and Specific terms and conditions which may be implemented by Education-IndustryONE from time to time. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.
1. User Information
2. Submissions and Prohibitions Section
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that the User, and not Education-IndustryONE, is entirely responsible for all User Content that he or she uploads, posts, emails or otherwise transmits via the Web Site. No User shall transmit User Content or otherwise conduct or participate in any activities on the Web Site which, in the opinion of Education-IndustryONE’s counsel, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless User is the owner of the rights or has the express written permission of the owner to post or transmit such material to the Web Site; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) is sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion; (6) represents any form of “chain letters” or pyramid scheme; (7) impersonates another person or entity; (8) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the Web Site or the Materials; or (9) contains a virus, trojan, back door, logic bomb or any other form of malicious code. User hereby waives all copyright, moral rights and any other right to any User Content which he/she submits, and grants to Education-IndustryONE a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, translate perform, display and distribute such User Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicenses. User also hereby grants all other Users the right to copy, download and store his/her User Content for User’s personal use. Education-IndustryONE does not control User Content. Education-IndustryONE has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move or remove any User Content at any time and for any reason in its sole discretion, as well as the right to terminate User access to the Website for any reason in its sole discretion including, without limitation, foul language, attempted commercial use of the Web Site, threats, discriminatory, racist or abusive language, or any behavior which is deemed objectionable by Education-IndustryONE. Users are responsible for their own communications and are solely responsible for the consequences of posting any User Content. Education-IndustryONE has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to user. Education-IndustryONE does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User about communications that allegedly do not conform to any term of this Agreement, Education-IndustryONE may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Education-IndustryONE has no liability or responsibility to Users for performance or non-performance of such activities. Education-IndustryONE reserves the right, in its sole discretion, to restrict Users access to the Web Site for violating this Agreement or the law. Education-IndustryONE also 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 Education-IndustryONE ‘s sole discretion.
3. No Offer or Advice
The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
Education-IndustryONE is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that user buy, sell or hold any security or other investment or that user pursue any investment style or strategy. If user would like investment, accounting, tax or legal advice, user should consult with user’s own advisors with respect to user’s individual circumstances and needs.
4. International Use
The information or materials provided in or accessible through the Site are, unless otherwise specified, directed at residents of the United States, and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Education-IndustryONE to any registration or other requirement within such jurisdiction or country. Education-IndustryONE reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Education-IndustryONE makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the Site under the laws of any applicable jurisdictions. User may not use or export the information or materials on the Site or accessible through the Site in violation of U.S. laws and regulations.
5. Governing Law/Forum
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California, without respect to its conflict of laws principles. By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User’s use of the Web Site shall be either any state court for or within Los Angeles County in the State of California and the United States District Court for the Southern District of California. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and Education-IndustryONE with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Education-IndustryONE. The section headings used herein are for convenience only and shall not be given any legal import. User agrees that any cause of action User may have with respect to User’s use of the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.
6. Password and Security Notification
Certain areas of the Site are password protected and are only accessible to those who have a valid Education-IndustryONE-issued password. User may not attempt to access any password protected areas of the Site without authorization. In the event that User have been issued such a password, User acknowledge and agree that Education-IndustryONE has granted User limited access to specific files pertaining to information relevant to User, and User agree not to attempt to access other computer files. Accordingly, user should take steps to protect the confidentiality of User’s password. User should notify Education-IndustryONE immediately if User becomes aware of any disclosure, loss, theft or unauthorized use of User’s password.
7. Disclaimer and Indemnity
Education-IndustryONE and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Education-IndustryONE specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness. Education-IndustryONE does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure. Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, User agree to indemnify and hold harmless Education-IndustryONE and its Related Persons from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against User, Education-IndustryONE or any of its Related Person, arising out of or in connection with any decisions that User make based on such information or materials, Userr use of the Site, or Userr violation of our website policies. User also agree to indemnify and hold harmless Education-IndustryONE and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from Userr violation of our website policies.
8. Integration and Severability; Waiver
This Agreement represents the entire agreement between Education-IndustryONE and the User relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder shall continue in full force and effect.
No waiver by Education-IndustryONE of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.
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