By using the Eduvo.com website and all authorized services and
facilities provided through it or in relation to it, you are agreeing
to be bound by the following terms and conditions ("Terms of Use").
Preliminary Provisions:
Definitions.
- Use of the terms "we," "us," or "our," refers to Faria
Systems Inc., the operator of the Eduvo.com website.
- The term "service" refers to the Eduvo.com website and all
services and facilities provided through it or in relation to it.
- The term "membership" refers to your right to access our
service
and associated login information (such as a user name and password).
- Use of the term "you," or "your," refers to you, and any
other
person who accesses our service using your membership login information.
Exclusive Terms. These terms and
conditions, except
those contrary to applicable law, provide the exclusive terms of the
relationship between you and us. Nothing outside the terms listed in
this document shall constitute part of any agreement between you and us
relating to your use of our service, and any previous agreement is
superseded by these terms.
Subject to Change. We reserve the right
to update and
change these Terms of Use from time to time without notice. Any new
features that augment or enhance the current Service, including the
release of new tools and resources, shall be subject to the then
current Terms of Use. Continued use of our service after any such
changes shall constitute consent to such changes. The most current
version of the Terms of Use is available at: http://www.managecas.com/termsofuse.html.
Violations. Violation of any of any of
these terms by
the Subscriber will result in the termination of the Subscriber's
account, and the Provider reserves the right to bar use of the Service
by any person or entity which has violated the Terms of Service in the
past.
Disclaimer. To the full extent permitted
by law, you
agree to use our service at your own risk and understand that we are
not responsible for preserving, protecting, prohibiting or regulating
in any way any information or data provided by users.
We do not warrant that (i) our service will meet your specific
requirements, (ii) our service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use of
our service will be accurate or reliable, (iv) the quality of any
products, services, information, or other material purchased or
obtained by you through our service will meet your expectations, and
(v) any errors in our service will be corrected.
You expressly understand and agree that we shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (regardless of whether
we have been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use our service; (ii) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages
received or transactions entered into through or from our service;
(iii) unauthorized access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on our service; (v)
termination of your membership or your school’s account; or
(vi)
any other matter relating to our service.
To the maximum extent permitted by law, you agree to hold harmless and
indemnify us, and our subsidiaries, affiliates, officers, agents, and
employees from and against any third party claims arising from or in
any way related to your use of our service, including any liability or
expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees,
of every kind and nature. In any such case, we will provide you with
written notice of such claim, suit or action.
Privacy. The privacy of information
submitted to or
transmitted through the service is governed by a separate Privacy
Policy, available at: http://www.managecas.com/privacy.html
With regard to children under the age of 13, an additional Privacy
Policy is applicable, and available at: http://www.managecas.com/coppa.html
Nature of Service:
This Service provides users with online access to school
information
such as assignments, attendance and student grades, as well as acting
as a communications medium to facilitate interaction between teachers,
students, administrators, alumni and parents. Schools subscribe to the
Service; the Service then allows individual teachers to determine the
scope and nature of the information to make available to their students
and those students’ parents through the Service.
Membership Terms:
- You must be 13 years or older to use this service, or your
parent
must provide your school with written consent to your use of this
service after reading our Privacy Policy and COPPA Compliance Policy.
- You must be a human to use our service. Accounts registered
by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email
address, and
any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your
account
and password. We cannot and will not be liable for any loss or damage
resulting from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity
that
occurs under your membership, and you take full responsibility for all
actions by others accessing our service with your login information.
- One person may not maintain more than one membership.
- You may not use our service for any illegal or unauthorized
purpose. You must not, in the use of our service, violate any laws in
your jurisdiction (including but not limited to copyright laws).
- Your use of the service is at your sole risk. This service
is provided on an "as is" and "as available" basis.
- You must not modify, adapt or hack our service or modify
another
website so as to falsely imply that it is associated with our service,
or any other service of or related to Eduvo.
- You agree not to reproduce, duplicate, copy, sell, resell
or
exploit any portion of our service, use of our service, or access to
service without our express written permission.
- The Subscriber understands that the technical processing
and
transmission of the Service, including your Content, may be transferred
unencrypted if SSL is not enabled and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited
email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a
destructive nature.
- Our failure to exercise or enforce any right or provision
of
these Terms of Use shall not constitute a waiver of such right or
provision.
Cancellation and Termination:
- You, your parent or legal guardian, or your school may at
any
time cancel your membership. All of your content and personal
information will be immediately deleted from our service upon
cancellation of your individual membership (Note: this is different
from the School membership, which is governed by the Terms of Service).
- Your school may at any time cancel its account with us, and
we
may cancel your school's account with 90-days notice. In the event your
school's account is cancelled for any reason, your content will be
deleted and lost after receipt of written confirmation.
- We may, in our sole discretion, suspend or terminate your
membership and refuse any and all current or future use of our service
for any reason at any time. Such termination of you membership may
result in the loss of all content associated with your membership.
- We may, but have no obligation to, remove materials and
disable
or terminate memberships containing materials that we determine in our
sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable, or that
violate any party's intellectual property rights or these Terms of Use.
- Verbal, physical, written or other abuse (including threats
of
abuse or retribution) of any of our users, customers, employees or
officers may result in immediate termination of your membership.
Modifications to the Service and Prices:
- We may, at any time and from time to time, modify or
discontinue,
temporarily or permanently, our service (or any part thereof), with
three-month's (90 days) notice.
- The Provider shall not be liable to the Subscriber or to
any
third party for any modification, price change, suspension or
discontinuance of the Service.
Copyright and Content Ownership:
- We claim no intellectual property rights over the material
you
provide to us. Your profile and all materials uploaded or submitted
into the Service remain yours.
- Notwithstanding any evidence to the contrary, in these
Terms of
Use or elsewhere, we retain all rights to the software, data, and other
information relating to the service that has not been obtained solely
from you or other legitimate users.
- We do not pre-screen material uploaded or provided by you,
but we
or our designee have the right (but not the obligation) in our sole
discretion to refuse or remove any materials that are available via the
service.
Applicable Law
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Delaware, without giving
effect to its conflict of laws provisions or the those of your actual
state or country of residence. Any claims, legal proceeding or
litigation arising in connection with the Service will be brought
solely in Wilmington, DE, and you consent to the jurisdiction of such
courts.
Questions & Contact Information
Any questions about this Terms of Use agreement should be
addressed to info@managecas.com or by mail to:
Faria Systems, Inc. 3720 Spruce Street, Box 434, Philadelphia, PA 19104
USA.