Terms of Service
Edusofttech Enterprise (hereafter called “Edusofttech”) provides the “Services” at Site edusofttech.com. Services include associated subscription Services. This page describes the terms and conditions that govern your use of the Services.
If you choose to use Edusofttech Services, on a free, free trial, or paid subscriber basis, you are confirming the acceptance of these terms and agreeing to abide by all of the terms and conditions of these Terms of Service (TOS), which may be updated from time to time without notice to you. Such changes shall become effective immediately upon posting. It is your responsibility to review these TOS prior to use of the Site.
If any of the terms and conditions of these terms of service, or any future changes, are unacceptable to you, you may (i) cancel your account by sending an e-mail to: firstname.lastname@example.org and/or (ii) discontinue your use of the services. Your continued use of the services now, or following the posting of updated terms of service, will indicate acceptance by you of such terms of service, changes, or modifications.
This agreement gives you an individual limited, nontransferable license to use edusofttech.com. Edusofttech retains all right, title and interest, including copyright and intellectual property. You agree that Edusofttech may audit your use of Services for compliance with these terms at any time without advance notice to you.
Edusofttech provides online educational tools and content. New features may be added to current Services. Any new features added shall be subject to TOS. You understand and agree that the Services are provided “AS-IS” and that Edusofttech assumes no responsibility for the deletion, misdelivery, timeliness or failure to store any user communications or user setting. In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.
Registration And Security
As a condition to using certain aspects of the Site, you will be required to register with Edusofttech and select a password and username. Registration information you provided in the registration process must be accurate and updated.
Each registration is for a single user only. You may not transfer your account to another person. You are not allowed to share your registration login credentials or give your login credentials to anyone else. Edusofttech may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password,
Fees and Payment
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
Content On The Services
You acknowledge that the contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by Edusofttech or the party credited as the provider of the Content. Except as expressly authorized by Edusofttech, in this TOS, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server. You acknowledge that Edusofttech and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Edusofttech is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, indecent, objectionable, or offensive, and you waive any legal or equitable rights or remedies you have or may have against Edusofttech with respect thereto, and, agree to indemnify and hold harmless Edusofttech, its owners, operators, licensors, and licensees. Some links on the Edusofttech websites lead to sites posted by independent site owners. Because Edusofttech has no control over these sites, Edusofttech is not responsible for the accessibility and does not endorse products, services, or information provided by such sites. As such, Edusofttech shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any user or other content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Edusofttech and the linked sites.
User License/User Content
Edusofttech grants users a personal, non-transferable, non-exclusive revocable license to use Edusofttech’s Services. This limited license can be removed at any time for any reason. The user acknowledges that his or her license to use Content, or Service is granted for the period of time purchased, after which time the license will expire automatically, with or without notice.
If you upload, post or submit any content (User Content) on the Service, you shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service; you represent to Edusofttech that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. Edusofttech does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Edusofttech will remove all Content if properly notified that such Content infringes on another's intellectual property or copyright rights, with or without prior notice.
You acknowledge that any submissions you make to the Services may be edited, removed, modified, published, transmitted, and displayed by Edusofttech and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Edusofttech the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content. You also permit any other user of Services to access, view, store, and reproduce the User Content to the same extent permitted herein.
Edusofttech does not endorse any Content submitted to the Service by any user, and Edusofttech expressly disclaims any and all liability in connection with the Content.
Prohibited Use Of The Services
You may not use, or attempt to use, the Services to take any action that could harm Edusofttech or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. You shall not access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Edusofttech has revoked your access. You shall not use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means. You shall not do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Disclaimer of Warranty
YOU AGREE THAT YOUR ACCESS TO THE EDUSOFTTECH WEBSITE AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE SUITABILITY, ACCURACY, RELIABILITY OF THE SERVICES. IN NO EVENT WILL EDUWARE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EDUWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS EDUWARE WEBSITES OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EDUWARE'S RECORDS, PROGRAMS, OR SERVICES.
You hereby indemnify, defend and hold harmless Edusofttech and all officers, directors, owners, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, include ing, without limitation, reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOS.
Modifications to Service
Edusofttech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Edusofttech Services and websites (or any part thereof) with or without notice. You agree that Edusofttech will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You may discontinue your participation in and access to the Services at any time. When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify Edusofttech of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You acknowledge and agree that Edusofttech may terminate or block your use of all or part of the Services without prior notice for any reason, including, without limitation, if Edusofttech believes you have engaged in conduct prohibited by this TOS. You agree that upon termination or discontinuance for any reason, Edusofttech may delete all information related to you on the Services and may bar your access to the Edusofttech websites and use of the Services.
Governing Law, Jurisdiction
These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the State of New York as an agreement, exclusive of its choice of law rules. In any action to enforce this TOS, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOS shall otherwise remain in full force and effect.