Terms & Conditions

EdCatalyst Group LLC. (“we”, “our” or “us”), an Oregon corporation makes our websites available to visitors (“you” or “your”) to access and use on the terms and conditions set forth below (the “terms of use”), effective as of June 15, 2018.
Please read these terms of use carefully because access or use of our websites in any way signifies that you have read, understand and agree to be bound by these terms of use.


By accessing or using our websites you also represent that you are a human and have the legal authority to accept these terms of use on behalf of yourself and any party you represent in connection with your use of our websites. If you do not agree to these terms of use, you are not authorized to use our websites.


Our websites originate from facilities in the United States of America. We make no representations that the websites are appropriate or available for use in other locations. If you are accessing or using the websites from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.


We make a variety of websites available to you under these terms of use. You may only use our websites in accordance with these terms of use and, in particular, but without limitation, you may not use our websites for any purpose that is unlawful or prohibited by these terms of use or any other conditions or notices that we make available on our websites.


Changes
From time to time, we may change, remove, add to or otherwise modify these terms of use, and reserve the right to do so at our sole discretion. In that case, we will post the updated terms of use and indicate the date of revision. We encourage you to periodically review the terms of use. All new and/or amended terms of use take effect immediately. Notwithstanding the foregoing:

  • No modification to these terms of use will apply to any dispute between you and us that arose prior to the effective date of any modification; and,

  • If you do not agree with any modification to these terms of use, you may cease using our websites.

 

Your continued use of our websites after new and/or revised terms of use are effective indicate that you have read, understood and agreed to those terms of use.


Privacy Policy
We are committed to handling responsibly the information and data we collect through our websites and agree to use your personal information in accordance with our Privacy Policy and these terms of use. Our Privacy Policy is hereby incorporated into these terms of use.


Termination
Your right to use our websites terminates automatically upon your breach of any of these terms of use.
In addition, we may, at any time:

  • Modify, suspend or terminate the operation of or access to our websites, or any portion thereof, for any reason;

  • Modify or change our websites, or any portion of thereof, and any applicable terms of use and policies governing the use of our websites, for any reason; and/or,

  • Interrupt the operation of our websites, or any portion of our websites, for any reason, all as we deem appropriate at our sole discretion.


Your use of our websites may be terminated by you or by us at any time and for any reason whatsoever.


The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions will survive any termination. The Creative Commons license grants mentioned in these terms of use will continue in effect subject to the terms of use of the applicable license. Your warranties and indemnification obligations will survive any termination for one year.



You agree that, while we may make efforts to ensure that the Content made available on our websites is legal, non-infringing and that the use of it in accordance with these terms of use and, where applicable, a Creative Commons license will not infringe the rights of any third party, we cannot guarantee that Content made available on our websites do not infringe the rights of any third party.


You further agree that all content posted by us (as opposed to other third party users) on our websites is made available under the terms of use of the CC license specified herein and that all rights not expressly granted under the terms of use of such license are reserved by us and our licensors.


Your conduct while using our websites


You agree not to use our websites to:
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of our websites;

  • Attempt to gain unauthorized access to our websites, other accounts, computer systems or networks connected to our websites, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of our websites or any activities conducted through our websites;

  • Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; or

  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • In addition, you may not (and may not authorize another party to):

  • Frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) of a third party that is reasonably likely to give other visitors the impression that the third party has the right to display, publish or distribute our websites; or,

  • Use our websites in any manner that could disable, overburden, damage or impair our websites, or interfere with any other party's use and enjoyment of our websites.

 

Third Party Websites and Third Party Content
Our websites may contain links to websites not controlled by us ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Content or items belonging to or originating from persons or organizations other than us ("Third Party Content"). You acknowledge that we:

 

  • Are not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information or products made available at any Third Party Website;

  • Have not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness;

  • Have not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and,

  • Make no representations or warranties whatsoever about any Third Party Websites or Third Party Content (including without limitation, lists of works).

 

 

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER OUR WEBSITES AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING OUR WEBSITES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT (INCLUDING WITHOUT LIMITATION NONINFRINGEMENT). WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON OUR WEBSITES OR RELATING TO OPERATION OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS HOSTING OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN terms of use OF ACCURACY, RELIABILITY, OR OTHERWISE.


LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (OUR “ASSOCATED PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH OUR WEBSITES (OR THE TERMINATION THEREOF FOR ANY REASON), INCLUDING WITHOUT LIMITATION THE USE OF ANY MATERIAL INCLUDED OR POSTED ON OUR WEBISTES, EVEN IF WE OR OUR ASSOCATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


WE AND OUR ASSOCIATED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OUR WEBSITES (INCLUDING CLAIMS OF INFRINGEMENT), FOR YOUR USE OF OUR WEBSITES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OUR WEBSITES OR OTHERWISE RELATING TO USE OF OUR WEBSITES.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE terms of use, THE LIABILITY OF US AND OUR ASSOCIATED PARTIES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT DONATED, IF ANY, BY YOU TO US WHILE USING OUR WEBSITES.


Indemnification for breach of these terms of use
You agree to indemnify and hold harmless us and our associated parties (defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these terms of use. You also agree to indemnify and hold harmless us and our associated parties from and against any and all claims brought by third parties arising out of your use of our websites and the Content you make available therein by any means, including without limitation through a posting, a link, reference on a list of works, or otherwise.


Trademarks
Our websites or marketing materials may contain trademarks, service marks, logos and other names that are the property of ours or such other party as indicated with respect to that name or icon. All third-party product and company names, trademarks, service marks or registered marks made reference to in this work may be the property of their respective third-party owners. "The future is the focus", "Matching promising technologies with the needs of education" and “Define and Build the Future of Educational Technology” are service marks of ours. Links to other third party resources on our websites are not to be construed as an endorsement, sponsorship or affiliation by us.


Copyright complaints
We respect the intellectual property rights of others, and we prohibit visitors to our websites from uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights. If you have a concern regarding the use of copyrighted material on our websites, please contact us.


Other applicable terms of use
These terms of use are governed by and construed by the laws of the State of Oregon and the United States, exclusive of its choice of law principles. The parties agree that any disputes or proceedings between you and us concerning these terms of use and use of our websites will be brought in a federal or state court of competent jurisdiction sitting in Oregon (U.S.), and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of these terms of use will not be construed as a waiver of any provision or right. If any term or part of these terms of use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use, or your use of our websites. These terms of use constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these terms of use we make available from time to time) between you and us. A printed version of these terms of use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
Using these terms of use for your own purposes


These terms of use are licensed under a Creative Commons Attribution 3.0 License. You are free to use and adapt these terms of use for your own purposes. However, please keep in mind that these terms of use, as written, may not be completely suitable for your situation. We strongly encourage you to seek the advice of your own attorney or counsel before using these terms of use.


Attribution of original work
These terms of use are a derivative work of the Creative Commons Terms of Use, copyright 2009 by Creative Commons, and is used under a Creative Commons Attribution 3.0 License.


Please contact us with any comments, questions, concerns, or suggestions. We really appreciate your feedback.
 

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