Last Updated: March 2004
AGREEMENT BETWEEN YOU AND EDUCATUS LIMITED LIABILITY
The EDUCATUS Web Site is operated by Educatus, LLC, 6466 Gregory
apply to the Educatus Web Site and does not apply to the content of third
The EDUCATUS Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the EDUCATUS Web Site constitutes your agreement to all
such terms, conditions, and notices. If you do not agree to this Terms of
Use and Notices, do not access or use the EDUCATUS Web Site.
Educatus, LLC (called “Educatus”) reserves the
right to change the terms, conditions, and notices under which the EDUCATUS
Web Site are offered, including but not limited to the charges associated
with the use of the EDUCATUS Web Site. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on particular
websites. Your continued use of the EDUCATUS Web Site constitutes your agreement
to all such terms, conditions, and notices.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
As part of using EDUCATUS Web Site you may be required to
open an account. You must complete the registration process by providing
us with current, complete and accurate information as prompted by the account
registration form. During or on completion of the registration process you
will either create or receive both a username and password. You are entirely
responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that
occur under your account. You agree to notify Educatus immediately of any
unauthorized use of your account or any other breach of security. Educatus
will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Educatus or another
party due to someone else using your account or password. You may use another
person’s account only with the permission of the account holder and
only if you have a concurrently active account at that time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the EDUCATUS Web Site is for your
personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the EDUCATUS Web Site. Without the advance express written permission
of Educatus, you may not ‘meta-search’ EDUCATUS Web Site, send,
or cause to be sent, any automated queries of any sort to the EDUCATUS Web
Site, or use the EDUCATUS Web Site in any commercial manner.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EDUCATUS Web Site, you will
not use the EDUCATUS Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the EDUCATUS Web
Site in any manner that could damage, disable, overburden, or impair any
EDUCATUS Web Site (or the network(s) connected to any EDUCATUS Web Site)
or interfere with any other party's use and enjoyment of any EDUCATUS Web
Site You may not attempt to gain unauthorized access to any EDUCATUS Web
Site, other accounts, computer systems or networks connected to EDUCATUS
Web Site, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the EDUCATUS Web Site.
Educatus hereby grants to you, the user, a revocable personal,
non-transferable license to use the Software for viewing and otherwise using
for no other purpose provided that you keep intact all copyright and other
proprietary notices. Any reproduction or redistribution of the content and/or
Software is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to
USA export restrictions.
CONTENT AVAILABLE THROUGH THE EDUCATUS Web Site
All content including but not limited to, all texts, images, drawings,
descriptions, media, and other related information (called “Materials”)
that is made available to view and/or download in connection with the EDUCATUS
Web Site, is owned by and is the copyrighted work of Educatus, LLC and/or
its suppliers and is protected by copyright laws of the United States, Universal
Copyright Convention, and international treaty provisions. Furthermore, all
Materials are not in the public domain.
If you find any possible copyright infringement on the EDUCATUS Web Site send
E-mail to: Contact Us.
Please include sufficient documentation or other materials that support your
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the EDUCATUS Web Site are: Copyright (c) 1952 - 2004 Educatus,
LLC and/or its suppliers, 6466 Gregory Ln., Paradise, CA 95969, U.S.A. All
Trademarks: educatus , Educatus
Other Educatus, LLC products and services referenced herein may also be either
trademarks or registered trademarks of Educatus, LLC in the United States and/or
Any rights not expressly granted herein are reserved.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE EDUCATUS WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EDUCATUS WEB SITE
AND TO THE INFORMATION THEREIN. EDUCATUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS
CHANGES TO THE EDUCATUS WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE EDUCATUS WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EDUCATUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES
OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE EDUCATUS WEB SITE
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDUCATUS,
LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT EDUCATUS, LLC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH AN EDUCATUS WEB SITE. YOU SPECIFICALLY AGREE THAT EDUCATUS, LLC. IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT
EDUCATUS, LLC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN THE EDUCATUS WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL EDUCATUS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EDUCATUS
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EDUCATUS WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE EDUCATUS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE EDUCATUS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF EDUCATUS, LLC. OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EDUCATUS WEB SITE.
EDUCATUS, LLC. MAKES NO WARRANTY THAT THE EDUCATUS WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE.
Educatus reserves the right, in its sole discretion,
to terminate your account and access to the EDUCATUS Web Site and the related
or any portion thereof at any time, without notice.
Claims for enforcement, breach or violation of duties or rights
under this agreement shall be adjudicated under the laws of the State of
California, without reference to conflict of laws principles. All other claims,
including without limitation claims under or for violation of state consumer
protection laws, unfair competition laws, and in tort, shall be adjudicated
under the law of your state of residence. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Butte County, California
U.S.A. in all disputes arising out of or relating to the use of the EDUCATUS
Web Site. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Educatus as a result of this agreement
or use of the EDUCATUS Web Site. You agree to indemnify and hold Educatus,
its parents, subsidiaries, affiliates, officers and employees, harmless from
any claim, demand, or damage, including reasonable attorneys' fees, asserted
by any third party due to or arising out of your use of or conduct on the
EDUCATUS Web Site. Educatus reserves the right to disclose any personal information
about you or your use of the EDUCATUS Web Site, including its contents, without
your prior permission if Educatus has a good faith belief that such action
is necessary to: (1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Educatus or its affiliated
companies; (3) enforce the terms or use; or (4) act to protect the interests
of its members or others. Educatus performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of Educatus right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the EDUCATUS
Web Site or information provided to or gathered by Educatus with respect
to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.