EDUJUDICATE TERMS AND CONDITIONS
This Agreement may be updated or amended by us from time to time without notice to you. Please check back periodically to learn of any updates or amendments.\
When using the Services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the EULA.
The Services, our technology, and any updates or improvements to the Services and/or our technology, are owned by EDUjudicate and its licensors. EDUjudicate and its licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. You understand that our Services and technology contain valuable software and confidential information and you agree that you will not copy, modify, reverse engineer, de-compile, attempt to derive the source code of, create other works from, or disassemble any of our software without our prior written consent. EDUjudicate reserves all rights not expressly granted to you.
You are responsible for maintaining the confidentiality of account information and for restricting access to your account. You agree to accept responsibility and liability for all activities that occur under your account whether lawful or unlawful. You are also solely responsible for all uses of your account, whether or not actually or expressly authorized by you. Persons unaffiliated with your educational institutional/organization cannot utilize our services or technology. EDUjudicate reserves the right to refuse use of the Services, terminate accounts, or cancel orders in our sole discretion. Violation of this EULA may result in immediate suspension of your account. In order to ensure that EDUjudicate is able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law, including but not limited to a court order or an order of any other administrative or regulatory agency.
For Members, a user name and password will be assigned by us or chosen by you. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us immediately if you believe that others are accessing your account. You understand and agree that you will not transfer or loan your username and password to others, or allow others to use your username and password in a manner that is inconsistent with this EULA. You cannot use our Services until after we have verified the email address you provide during registration.
NO LIABILITY FOR ACCESS BY MINORS
The Website is not designed or intended to attract children under the age of 13. EDUjudicate is not responsible for determining the age of its users and has no liability whatsoever should an unpermitted minor access our Website. We do not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person we actually know is under the age of 13. If we are made aware that we have actually collected information about a person under the age of 13, we will remove that information from our records in a timely fashion.
FREE TRIAL ACCOUNTS
EDUjudicate may offer Free Trial accounts where you can use EDUjudicate’s Services free of charge for a specified time period. Upon expiration of this time period, your access to our Services will be terminated unless you choose to become a paying Member. You understand that only a single Free Trial account will be granted for a given email address. EDUjudicate has no duty to provide Free Trial accounts and has no liability to you if you cannot obtain one or if we terminate your Free Trial account prior to the expiration of the given time period of your existing Free Trial account. At any time, EDUjudicate may discontinue offering Free Trial accounts without notice or liability to you at our sole discretion.
TERMINATION OF ACCOUNT
You may terminate your account with EDUjudicate at any time; however, you are not entitled to a refund of any amounts paid by you for your membership. We may terminate your account without notice or refund to you if you violate this EULA or any other guidelines or rules posted by EDUjudicate. If your account is terminated, EDUjudicate reserves the right to remove your account information along with any software settings from our servers with NO liability or notice to you.
All payments will be made to EDUjudicate. You agree to pay for all services requested by you and rendered by EDUjudicate. In the event of a dispute regarding payment for services rendered, you agree to notify EDUjudicate of any such disputes within 30 days of the invoice date and to pay all undisputed amounts as required by College 1's payment terms.
COMMUNICATIONS AND CONTENT
You are responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that you will not use our Services to EDUjudicate in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.
EDUjudicate’s Website and/or Services may display, include or make available content, data, factual information, applications, including but not limited to third party applications, software, viruses, or materials from third parties ("Third Party Materials"). Such Third Party Materials are provided solely as a convenience to you. You acknowledge and agree that EDUjudicate is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. EDUjudicate does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials, or for any other materials, products, or services of third parties.
Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. EDUjudicate is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
EDUjudicate may be temporarily unavailable from time to time for maintenance or other reasons. EDUjudicate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. EDUjudicate is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website and/or Services, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will EDUjudicate be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Services, or any interactions between users of our Website, whether online or offline.
WAIVER OF LIABILITY FOR LINKS TO OTHER WEBSITES
Our Website may contain links to other websites ("Third Party Websites"). You understand and agree that EDUjudicate has no control over the content of Third Party Websites, especially with regards to the accuracy, reliability, and timeliness of their content. You understand and agree that your use and reliance on any content from Third Party Websites is solely at your own risk. You understand and agree that EDUjudicate is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached one or more Third Party Websites through our Website.
MONITORING AND REMOVAL OF INFORMATION
You understand and agree that EDUjudicate reserves the right to monitor all advertisements, public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Members of our Website. You understand and agree that EDUjudicate is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current members, unauthorized users, hackers, etc. Furthermore, you also understand and agree that EDUjudicate is not responsible for the use of any personal information that a member may choose to post on our Website. College reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages that we, in our sole discretion, deem necessary to be removed.
PROMOTIONAL LISTS AND NEWSLETTERS
You understand and agree that by using our Website and/or Services, your name may be placed on promotional lists to receive emails regarding our Website and Services, news from our affiliates, and the EDUjudicate newsletter. If at any time you no longer wish to receive such emails, please visit the "Account Settings" section of our Website.
EDUjudicate complies with all provisions of the CAN-SPAM Act.
ADVERTISERS, USER CONTRIBUTIONS, TESTIMONIALS AND OPINIONS
You understand that our Website and any newsletters or emails you receive from EDUjudicate or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website and/or Services. Furthermore, you understand and agree that EDUjudicate is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
RULES OF CONDUCT WHILE USING OUR WEBSITE AND SERVICES
All users of our Website and Services understand and agree to the following rules of conduct while using our Website and/or Services:
- You agree to use our Website, its content, and our Services solely for their intended purposes.
- You agree to abide by the EULA which you acknowledged at the time of registering for our Services and with any updates or amendments that may be included from time to time by College.
- You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.
- You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Services.
- You agree to not use our Website or any content obtained from it to develop, of use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
- You agree to not use automated scripts to collect information from or otherwise interact with the Services or our Website.
- You agree to not use our Website or Services to commit any illegal acts as defined by any applicable law or statute, including, but not limited to the laws of state governments, federal governments, or other such governing bodies.
- You agree to not use our Website or Services to "stalk" or otherwise harass another person.
- You agree to not harvest or collect email addresses or other contact information from users of our Website and Services for the purposes of sending unsolicited emails or other unsolicited communications.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDUJUDICATE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EDUJUDICATE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. EDUJUDICATE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS PAID BY YOU FOR SERVICES RENDERED DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE.
You agree to indemnify, defend and hold harmless EDUjudicate, its affiliates, officers, directors, employees, consultants and agents from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) directly or indirectly arising out of or relating to your unauthorized or improper use of EDUjudicate’S Website or Services, your violation of the EULA or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The EULA will be binding upon, and will inure to the benefit of, your and EDUjudicate’S successors, assigns, and licensees.
This EULA shall be governed by and construed in accordance with the laws of the State of California, without giving effect to Florida's conflict of laws doctrine or to the conflict of laws doctrine of your actual state or country of residence. Both you and EDUjudicate unconditionally agree to assert any claims against the other arising out of or relating to the Website, Services, or this Agreement in the form of a lawsuit commenced in Los Angeles, CA or the United States District Court in and for the district in which such county is located. You hereby consent to the sole and exclusive jurisdiction and venue of the courts of that county, state, and district for such purposes.
MODIFICATION AND WAIVER
We reserve the right to make changes to the Website, our Services, this EULA and applicable policies and guidelines at any time. A waiver by EDUjudicate of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of College. EDUjudicate's non-enforcement or waiver of any provision on one (1) occasion does not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing.
If any condition of this EULA is deemed invalid, void, or unenforceable for any reason, that condition will be severed from the EULA and will not affect the validity and enforceability of any remaining condition.
If you have any questions regarding this EULA, please contact us at:
11301 West Olympic Blvd. #709
Los Angeles, CA 90064