EduCase Terms of Service
- 10 years ago.
EduCase Terms of Service
RadOnc eLearning Center, Inc, a California corporation ("EduCase") provides this website located at www.educase.com ("EduCase.com"), all the content under this domain, and its services to you subject to the following terms and conditions. By using EduCase.com you agree to be bound by the latest amended versions of this Agreement and EduCase's Privacy and Security Policy (see "Modifications" below).
SECTION 1: ACCEPTING THE TERMS
By using the information, tools, features and functionality located on EduCase.com, through any EduCase APIs, or through any software or other websites that interface with EduCase.com or its APIs (collectively the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (meaning you merely browse the EduCase.com website) or you are a "Member" (meaning you have registered with EduCase.com). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
SECTION 2: COPYRIGHTS
All content included on EduCase.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of EduCase and protected by United States and international copyright laws. Reproduction of the content of EduCase.com without the written permission of EduCase is prohibited.
SECTION 3: TRADEMARKS AND SERVICEMARKS
EduCase, the EduCase logo, and other EduCase graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of EduCase or its subsidiaries. EduCase's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not EduCase's, in any manner without EduCase's permission. All other trademarks not owned by EduCase or its subsidiaries that appear on EduCase.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EduCase or its subsidiaries.
SECTION 4: LICENSE TO ACCESS EDUCASE.COM AND SERVICES
In consideration for accessing EduCase.com and the Service, EduCase grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of EduCase. This license does not allow resale of EduCase's services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EduCase.com without express written consent of EduCase. You may not use any meta tags or any other "hidden text" utilizing EduCase's name or trademarks without the express written consent of EduCase. Any unauthorized use automatically terminates the permission or license granted by EduCase and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories, so long as the link does not portray EduCase, its affiliated websites, or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of EduCase's proprietary graphics or trademarks as part of the link without express written permission.
SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. EduCase reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to EduCase.com and the EduCase Service.
SECTION 6: CONTENT ACCESS
You may choose to allow EduCase to access certain FTP accounts you hold with third parties, in order to gain access to data displayed on EduCase.com. If you opt to do so, you expressly authorize EduCase to access your account information maintained by identified third parties, on your behalf as your agent. When you use the EduCase Website Service, you will be directly connected to the website for the third party you have identified. EduCase will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit EduCase to use information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. EduCase will not store your username or password for these third party services beyond the time necessary to complete your request or the length of your current EduCase.com session. For purposes of this Agreement and solely to provide the account information to you as part of the Service, you grant EduCase a limited power of attorney, and appoint EduCase as your attorney-in-fact and agent, to access third party sites, retrieve and update your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EduCase IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, EduCase IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
SECTION 7: RETURN POLICY
Note: We don't give refunds for a purchase on ANY of our quiz packages. Company sells non-tangible irrevocable goods. We do not issue refunds after a product is purchased, and you are responsible for understanding this upon purchase. If you are having trouble with our System, please make sure that you've carefully read all relevant documentation. We only make exceptions with this rule when the System functions to be not-as-described, on a case by case basis, and in agreement of the parties concerned. The deadline for any refund claim is one week after the purchase date.
All our sales are final and no refunds will be given. As all of our products are digital software packages, delivered instantly once payment is received it is impossible for you to return a product to use for a refund. If you find a bug in our software, you can report it in the Support Ticket Center and we will fix it in the next version. Finding a bug is not a reason to request a refund.
- We do not issue refunds if:
- You just change your mind
- You choose not to use our product
You find that our product doesn't suit your needs (our quiz content package lists are very representative of our software and our domain experts are leaders in the industry)
However, we understand that it is impossible for us to test our software on every platform and every configuration it may encounter on other servers. Therefore if you are unable to get our software up and running on your server in the first 30 days after purchasing a exam package product then please contact us and we will do everything within our knowledge and experience to get our software to work on your server.
Refunds are only issued to the same email address & account they were originally purchased with.
SECTION 8: YOUR CONTENT
You retain full copyrights in any materials served through EduCase. Depending on the features you select, EduCase may modify the content of your site. For example, EduCase may detect an email addresses and replace them with a script in order to keep it from being harvested. You acknowledge EduCase may: Rewrite content in order to hide sensitive information from select visitors to your site. Add cookies to your domain to track visitors, such as those who have successfully passed a CAPTCHA. Add tracking codes or affiliate codes to links that do not previously have tracking or affiliate codes. Add script to your pages to, for example, add services or perform additional performance tracking. Intercept requests determined to be threats and present them with a block page. Other changes to increase performance or security of your website.
SECTION 9: RECORDS OF EDUCASE.COM VISITOR USE AND ABUSE
As a visitor to EduCase.com and a user of the EduCase Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse. Abuse includes but is not limited to: Attempting to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means. Transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Interfering with or disrupting networks connected to the service or violating the regulations, policies or procedures of such networks. Creating a false identity or otherwise attempting to mislead others as to the identity of the user that is utilizing EduCase.com. Violating intentionally or unintentionally any applicable local, state, national or international law.
SECTION 10: RECORDS OF YOUR VISITORS
SECTION 11: LIMITATION ON NON-HTML CACHING
You acknowledge that EduCase's Service is offered as a platform to cache and serve web pages and web sites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. EduCase's Service is also a shared web caching service, which means a number of customers' web sites are cached from the same server. To ensure that EduCase's Service is reliable and available for the greatest number of users, a customer's usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of EduCase's Service is to host web sites, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at EduCase's sole discretion, you are deemed to have violated this section, or if EduCase, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on EduCase's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, EduCase may suspend or terminate your account without notice to or liability to you.
SECTION 12: PROHIBITED USES
You shall not post, transmit, retransmit, cache, or store material on or through EduCase's Service which, in the sole judgment of EduCase (a) is in violation of any local, state, federal, or foreign law or regulation, (b) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"), or (c) violates the rights of any Person, including rights protected by HIPAA, copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to: upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harm minors in any way; impersonate any person or entity, including but not limited to a EduCase official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; upload, post, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like; upload, post, transmit, or otherwise make available any material that 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; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; or promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites.
You agree to indemnify and hold harmless EduCase from any claims resulting from the use of the Services which damages you or any other party. EduCase reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for EduCase's benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in EduCase's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or this Agreement, EduCase may immediately shut down the Service. You agree to waive any cause of action or claim you may have against EduCase for such action.
SECTION 13: INDEMNITY
You agree to indemnify and hold EduCase, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
SECTION 14: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EDUCASE.COM IS PROVIDED BY EduCase ON AN "AS IS" AND "AS AVAILABLE" BASIS. EduCase MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EDUCASE.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON EDUCASE.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF EDUCASE.COM IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EduCase DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EduCase MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT EDUCASE.COM, ITS SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EduCase WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EDUCASE.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SECTION 15: TERMINATION
EduCase's policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that EduCase may, under certain circumstances and without prior notice, immediately terminate your EduCase account, any associated email address, and access to EduCase.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at EduCase's sole discretion a Prohibited Use as defined above; and/or (k) nonpayment of any fees owed by you in connection with EduCase.com and associated Services. Further, you agree that all terminations for cause shall be made in EduCase's sole discretion and that EduCase shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to EduCase set forth in Sections 9, 10, 11, 12 and 13 shall survive such termination.
SECTION 16: DMCA
EduCase is a pass-through network and, at most, caches content for a limited period in order to improve network performance. EduCase automatically removes content from our caches when it has been removed from the origin web server.
You acknowledge that EduCase may, at its own discretion, reveal the IP address of your web server to alleged copyright holders who have filed complaints with us.
SECTION 17: MODIFICATIONS
EduCase may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on EduCase.com. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
SECTION 18: LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EduCase has no control over such sites and resources, you acknowledge and agree that EduCase is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EduCase shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
SECTION 19: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 20: WAIVER
The failure of EduCase to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 21: SEVERABILITY OF TERMS
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 22: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your EduCase account is non-transferable except with the written consent of EduCase.
SECTION 23: TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of EduCase.com must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 24: APPLICABLE LAW
By visiting EduCase.com, you agree that the laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EduCase or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Alameda County, California, USA.
SECTION 25: HEADINGS
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.