Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this site. Nor will you use any manual process to monitor or copy the site or the content contained thereon for any unauthorized purpose without eLearners's prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the site.
Partner Sites and Third-Party Sites
By using the eLearners.com site to search for or link to Third-Party Sites, you understand and agree that you may not make any claim against eLearners for any damages or losses, whatsoever, resulting from your use of the eLearners.com's site to obtain search results or to link to Third-Party Sites.
Forums and Public Communication
For your convenience, eLearners may offer discussion forums and blog opportunities ("Forums") where you and other users can submit content for public viewing ("Forum Content") to facilitate your socializing and networking with others interested in distance or online learning. You agree that all Forum Content is the sole responsibility of the individual or entity from whom such Forum Content originated. This means that you (and not eLearners) are entirely responsible for all Forum Content that you submit via the Forum or elsewhere on the site. eLearners does not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Content. You understand and agree that you may be exposed to Forum Content that is offensive, indecent, or objectionable. Under no circumstances will eLearners be liable in any way for any Forum Content, including any errors or omissions in any Forum Content or any loss or damage of any kind incurred as a result of the use of any Forum Content submitted via this site.
Registration and Account Security
You represent and warrant that the registration information you provide to eLearners is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify eLearners of any unauthorized use of your account or any other breach of security with regard to your use of the site of which you become aware.
Your Participation in the Forums
You agree that you will not use a Forum or this site to submit or otherwise make available Forum Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable;
- B. Harms minors;
- C. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Conflicts with any obligations you have under law including under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Infringes any copyright, trademark, patent, trade-secret, or other proprietary rights of any third party;
- Constitutes or contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
- Constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interferes with or disrupts the site, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this site or related services;
- Violates any applicable local, state, national, or international law or any regulations having the force of law;
- Is used to stalk or otherwise harass another.
Forum Content Posted to Forums
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or — if multiple works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the site.
- Provide your mailing address, telephone number and, if available, e-mail address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
- Provide your full legal name and your electronic or physical signature.
Claims of Infringement
eLearners respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, eLearners will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. eLearners will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eLearners's Copyright Agent the following information:
Deliver this Notice, with all items completed, to eLearners at:
Compliance Department, c/o EducationDynamics, LLC, 111 River Street, 10th Floor, Hoboken NJ 07030
While eLearners considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright's fair use doctrine to pay such costs and attorneys' feels the company agreed to settle the matter at over $100,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
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Limitation of Liability
IN NO EVENT WILL ELEARNERS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN INCLUDING ANY CO-BRANDED SITE, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF ELEARNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL ELEARNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.