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Updated 3 May 2013
By using the Service, or downloading, installing, allowing, activating, or using any materials or data available or accessible through the website, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification and all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not register for, access, or use the Service or the website.
Subject to the terms and conditions of this Agreement, MyEdu hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service solely on a server controlled by MyEdu and solely for your own purposes. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.
Restrictions on License Grant
Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of MyEdu or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the "Content") or use the Service to run as part of a service bureau, outsourced, or managed services arrangement;
You shall not copy, reproduce, republish, upload, post, transmit or distribute the Service or the Content in any way;
You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet "links" to the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device;
You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, (c) copy any ideas, features, functions, or graphics of the Service, (d) monitor its availability, performance, or functionality, or (e) benchmark or attempt to conduct benchmarking for competitive purposes;
You shall not access the Service if you sell or provide any service, software, or product that may compete with MyEdu's Service, software, or products (a "Competitor");
You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of MyEdu or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
You shall not attempt to probe, scan, or test the vulnerability of a system, account, or network of MyEdu or any of its customers or suppliers, any MyEdu product or service, or those of any other party;
You shall not interfere, or attempt to interfere, with service to any Member, host, or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that "crack," or make unauthorized changes to, the software;
You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to MyEdu or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any MyEdu (or MyEdu supplier) host, server, or otherwise cause a performance degradation to any MyEdu (or MyEdu supplier) facility(ies) used to deliver the Service;
You shall not create or use any program, tags, markers, bots, or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
Because of the difficulty associated with quantifying damages, in addition to any other damages to which MyEdu may be entitled if actual damages cannot be reasonably calculated, you agree to pay MyEdu liquidated damages of $250 for each violation of this Section or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay MyEdu's actual damages, to the extent such actual damages can be reasonably calculated.
You are responsible for all activity occurring when the Service is accessed through your password and you shall abide by all applicable treaties, regulations, local, state, national, and foreign laws in connection with your use of the Service, including those related to data privacy, information security, international communications, and the transmission of technical or personal data. You shall: (i) notify MyEdu immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MyEdu immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) delete or suspend your account when you no longer require access to the Service; and (iv) keep your Profile Information current. You are also solely and exclusively responsible for providing and maintaining all computer hardware and other devices or equipment necessary to operate the licensed Service and the Internet service required to access the Service over the Internet. MyEdu shall have no responsibility for the procurement, operation or compatibility of your hardware or capabilities of your Internet service provider. Notifications and reports as referenced in this section should be sent to email@example.com.
MyEdu may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, recommendations, reviews, and/or other postings on our website or other platforms, however, MyEdu is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, bullying, danger, illegality, or inaccuracy contained in any information transmitted to any such locations on our website. MyEdu will cooperate with law enforcement or a court order requesting or directing MyEdu to disclose the identity of anyone posting any information or material prohibited by this Agreement. MyEdu may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of MyEdu, its Members, university faculty, employees, consultants, visitors, corporate affiliates, officers, or the public.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to MyEdu on or by this website or apps or products otherwise disclosed, submitted, or offered in connection with your use of this website, any apps or otherwise (collectively, "Comments") shall be and remain MyEdu's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to MyEdu of all worldwide rights, titles, and interests in all copyrights, Brand, and other intellectual property in the Comments. Thus, MyEdu will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MyEdu is and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay to user any compensation for any Comments; or (3) respond to any Comments.
Intellectual Property Ownership
All right, title, and interest in the Service, products, tools, services, and the website, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, Brand, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to MyEdu or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that MyEdu's Service, Content, products, tools, and services may constitute a valuable trade secret and/or are the confidential and/ or proprietary information of MyEdu or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of MyEdu or its content suppliers and is protected by copyrights, trademarks, Brand, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and MyEdu owns a copyright in the selection, coordination, arrangement, and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptation, translation, re-publication, display, or performance of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to this Agreement may cause MyEdu and its licensors irreparable injury, which may not be remedied at law, and you agree that MyEdu and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The MYEDU name and logo and any related names, design marks, product names, feature names, and related logos are trademarks of MyEdu and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of an authorized representative of MyEdu. In addition, the look and feel of the Service (including all page headers, footers, custom graphics, button icons, code, scripts, etc.) constitutes the service mark, Brand, trademark and/or trade dress, of MyEdu and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of an authorized representative of MyEdu.
Term; Termination; Suspension of Service
Representations & Warranties
You shall defend, indemnify, and hold MyEdu harmless from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses, including reasonable attorneys' fees, arising out of or relating to any act or omission by you with respect to your use of the Service or your breach or violation of this Agreement.
Disclaimer of Warranties
Except as otherwise expressly provided in this Agreement, (a) the Service is provided "as-is" and "with all faults," and, to the maximum extent permitted by applicable law, MyEdu, including its affiliates, subsidiaries, licensors, subcontractors, distributors, Third Party(ies), service partners, agents, marketing partners, and each of their respective employees, consultants, directors, and officers (collectively, the "MyEdu party(ies)") disclaim all representations, warranties, and conditions of any kind, express or implied, regarding the Service, or otherwise relating to this Agreement, including warranties and conditions of fitness for a particular purpose, merchantability, merchantable quality, non-infringement, and accuracy and non-interference; (b) neither MyEdu nor any MyEdu party warrants that (i) the Service is or will be secure, accurate, complete, uninterrupted, without error, without loss of data, or free of viruses, worms, or other harmful components, or other program limitations, (ii) the Service will meet your requirements, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and/ or (iv) any errors in the Service will be corrected; (c) you assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components, unless such errors or viruses are legally proven to be the direct result of MyEdu's gross negligence or willful misconduct; (d) MyEdu and the MyEdu parties, jointly and severally, disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the schedule planners, calculations, data, reports, results, or other information obtained, generated, or otherwise received by you from accessing and/or using the Service or otherwise relating to this Agreement, and (e) use of the Service is entirely at your own risk and neither MyEdu nor any of the MyEdu parties shall have any liability or responsibility therefor.
Interruption of Service
You agree that the operation and availability of the systems used for accessing and interacting with the Service, including public telephone, computer networks, and the Internet or to transmit information, whether or not supplied by you or MyEdu, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the Service. Neither MyEdu nor any of the MyEdu party(ies) shall be liable for any interference with or prevention of your access to and/or use of the Service.
Limitation of Liability
Notwithstanding anything to the contrary in this Agreement, in no event whatsoever shall MyEdu be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, lost time, loss of data or good will, even if MyEdu has been advised of the possibility of such damages, whether in contract, tort (including negligence), strict liability, or otherwise. MyEdu shall not be liable for any claims against you by Third Parties. No action, regardless of form, arising from or pertaining to the Service may be brought by you more than one (1) year after such action has occurred. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.
Where use of the Service is contingent on you accessing an "account" and/or inserting an email address, "user identification" and/ or "password", you agree that you will be solely responsible for your user ID(s), email address(es), and/or password(s) to log in to the password protected Service. If non-authorized individuals have access to your systems or to your user ID and/ or password, they may be able to use the Service. You shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user ID, passwords, and other registration or logon information) confidential and in a safe place and not disclose it to any Third Party. You will be responsible and liable for all communications and actions that take place through the use of your user ID(s), email addresses, and/or password(s), including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent and to notify firstname.lastname@example.org.
Local Laws and Export Control
You acknowledge that the Service, which may include technology and software, may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Service is rendered and/or received. You agree to abide by those laws and regulations. You are solely responsible for obtaining any specific licenses relating to the export of software if a license is needed. MyEdu's agreement to provide the Service is contingent upon the issuance of any applicable export license required by the United States Government. MyEdu is not liable for delays or failure to deliver the Service or a product resulting from your failure to obtain such license or to provide such certification.
MyEdu may give notice by means of a general notice via the Service, electronic mail to your e-mail address of record, or by written communication sent by first class mail or pre-paid post to your address if on record with MyEdu. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing or posting (if sent by first class mail or pre-paid post) or one (1) business day after sending (if sent by email). You may give notice to MyEdu (such notice shall be deemed given when received by MyEdu) at any time by: letter sent by confirmed facsimile to MyEdu at the following fax number: (512) 469-9731, or letter delivered by reputable overnight or local delivery service with a credible tracking system, or certified first class postage prepaid mail to:
1301 S. MoPac Expwy, Suite 250
Austin, Texas 78746
Attention: Privacy Office
Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of an authorized representative of MyEdu but may be assigned without your consent by MyEdu to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Customer Communications; Disclosure
From time to time, MyEdu may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by sending an email to email@example.com with a Subject of OPT OUT – Communications. Because the Service is a hosted, online application, MyEdu may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. MyEdu reserves the right to disclose that you are a user of the Service.
This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas.
Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
It may be necessary for MyEdu to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. MyEdu provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free.
If you connect to MyEdu via Facebook, MyEdu is not responsible for any degradation of or interruption to Service nor any interference or compromise of your MyEdu account as a result of negligence, disruption of service, breach of privacy, or other harmful activity or actions by Facebook whether originated by Facebook or by a provider, partner, or user of Facebook.
If you share your MyEdu Profile via Facebook, Twitter, or any other social media platform, MyEdu is not responsible for any degradation of or interruption to Service nor any interference or compromise of your MyEdu account as a result of negligence, disruption of service, breach of privacy, or other harmful activity or actions by Facebook, Twitter, or other social media platform whether originated by Facebook, Twitter or any other social media platform or by one of their providers, partners, or users.
No joint venture, partnership, employment, or agency relationship exists between you and MyEdu as a result of this Agreement or use of the website, product, tools, Service, or services. The failure of MyEdu to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to, in writing, by an authorized representative of MyEdu.
Neither party shall be liable to the other party for any failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to embargo, strike, riot, acts of terrorism, the intervention of any governmental authority, or as a result of a natural disaster.
If you have not entered into another agreement with MyEdu regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and MyEdu and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or verbal, between the parties regarding such subject matter. However, if you and MyEdu have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and an authorized representative of MyEdu, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.