Last updated: December 17, 2014
These Terms of Service (“Terms”, “Terms of Service”) constitute a legal agreement between you and EducationNC, a North Carolina non-profit corporation. Please read these Terms carefully before using https://www.ednc.org website (the “Service”). Any reference to “EducationNC” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. The words “us”, “we”, “our” and any other variation thereof refer to EducationNC.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all Visitors, Registered Users, Members (each as defined below) and others who wish to access or use the Service. “You” and “User” shall mean all visitors to the Service. By accessing or using the Service you agree to be bound by these Terms. Permission to access the Service is expressly conditioned on agreement with the Terms.
4. Types of Users.
If you create an account on the Service, which is required to participate in certain features on the Service or to otherwise contribute content to the Service, then you become a “Registered User.” If you are not a Registered User, then you are referred to herein as a “Visitor” and by accessing those elements of the Service to which you have access, you are bound by these Terms. If you make a financial contribution to EducationNC via the Service, for purposes of these Terms, you become a “Member.” You can be both a Member and either a Visitor or a Registered User.
5. Registered User Accounts.
a. Password and Account Information.
To become a Registered User, you must create an account by providing a valid email address, username, password, and other information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service directly or through a Linked Account as defined below. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree to promptly notify us of any change in your address (mail or primary email, to the extent provided to us) or personal profile by updating your personal information in the Registered User profile section of the Service. Your failure to notify EducationNC of any address (mail or primary email) or profile changes may result in the termination of your Registered User account. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Service for lawful purposes. Your right to access and use the Service is not a property right, and you acquire no rights not specifically outlined in these Terms by creating an account.
b. Additional Registered User Eligibility Conditions.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Service for lawful purposes. You may not use as a username the name of another person or entity or that is not lawfully available for use, and/or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity. You may not use as a username any name that is offensive, vulgar or obscene. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Registered User profiles without notice and engaging in such activities on any Service may result in termination of your Registered User account. We reserve the right to refuse service, terminate accounts, remove or edit content for any reason in our sole discretion.
c. Linked Accounts and Social Networking Sites.
EducationNC may, now or in the future, allow you to link your Registered User account(s) on the Service to your accounts on third party services or to register and log in using sign-on functionality provided by third party services, such as social networking sites like Facebook (“Linked Accounts”). If you link your Registered User account on the Service to a Linked Account or register and log in using a Linked Account, you are authorizing EducationNC to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests, or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing, or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
6. Member Contributions.
To make a financial contribution to EducationNC via the Service, you must provide your name, a valid e mail address, and your payment details on the applicable form. You may not make a financial contribution to EducationNC if doing so is prohibited by applicable law. By becoming a Member, you represent and warrant that all information you submit is truthful and accurate and that making a donation to EducationNC does not violate any applicable law or regulation. You agree that: (a) you will not use an expired, overdrawn, unauthorized, or otherwise invalid payment instrument; (b) you authorize your donation to be remitted to EducationNC; (c) all donations are made as unrestricted gifts and may not be specified for any particular purpose; (d) designated donation and payment amounts will be charged to payment instrument you provide; and (e) all contributions are final and non-refundable. You acknowledge that EducationNC may refuse to accept your donation without liability, for our convenience, if you violate these Terms or any law, rule, or regulation, or if your contribution could violate any applicable law, rule, or regulation. These Terms make no representation or warranty as to the tax deductibility of donations to EducationNC. Each membership term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written or electronic notice.
a. Consent to Receive E-mail.
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions as we may from time to time provide by email or by otherwise posting on the Service.
b. Electronic Notices.
By using the Service, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you at the address you have previously provided. You may have a legal right to receive this notice in writing.
8. Content Ownership and Use.
a. Our Content.
The Service contains content of EducationNC or our licensors (“Our Content” and, collectively with “User Content” (defined below), the “Content”). Our Content is protected by copyright, trademark, and other laws of both the United States and foreign countries. EducationNC (or our licensors) owns and retains all rights in Our Content and the Service. Our Content found on or through this Service is the property of EducationNC or used with permission. Except as otherwise authorized by these Terms, you may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
b. User Content.
Our Service may now or in the future allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.
c. No Obligation to Publish.
EducationNC has the right but not the obligation to monitor and edit all User Content. We make no representations that we will publish or make available any Content on the Service, and we reserve the right, in our sole discretion, to reject or remove any Content at any time without notice. Without limiting the generality of the preceding sentence, EducationNC complies with the Digital Millennium Copyright Act (DMCA), and will remove Content upon receipt of a compliant takedown notice (see “Intellectual Property Policy,” below).
d. Monitoring User Content; Removal of Content.
Despite the prohibitions contained herein, the Service may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services. We expressly disclaim any responsibility or liability for this material and make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information transmitted via the Service. EducationNC assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to edit, modify or remove Content on the Service, we nonetheless assume no responsibility for the Content, no obligation to monitor the Service for, or to modify or remove any inappropriate Content, and no responsibility for the conduct of the Registered User(s) or third party submitting any such Content. Content is not necessarily reviewed by EducationNC prior to posting and does not reflect our opinions or policies. You are solely responsible for the User Content that you post on or through the Service, any material or information that you transmit to other Users, and for your interactions with other Users. If you become aware of misuse of the Service by another person, please contact us at email@example.com and reference “Service Abuse” in the subject line.
e. Syndication of Our Content.
Subject to the terms and conditions set forth herein, if you are a Registered User and are in compliance with these Terms, except to extent expressly prohibited in connection with particular Content, EducationNC hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the existence of these Terms (unless earlier terminated by us) to display and embed reasonable portions of Our Content on your personal website for non-commercial use, provided that you (i) hyperlink back to the page(s) from which you are syndicating Our Content, (ii) notify us via email to firstname.lastname@example.org that you have exercised this license, and (iii) present such portions or Our Content in a manner (as to which we reserve the right to provide reasonable input) that makes clear that the content is licensed from EducationNC, including ©EducationNC, www.ednc.org. Any such use of Our Content is also subject to all terms specified on the page on which the Content originally appears (e.g., any terms specified in a “Republish” or similar link on the page). User Content is not subject to this license. It is your sole responsibility to identify whether the certain Content is User Content or Our Content. If we send you a request to remove the Content from your site, you agree to do so immediately. If you are not an individual, the foregoing license may not be exercised by you and you must contact email@example.com to inquire about, and execute, a syndication agreement prior to using Our Content.
All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, are proprietary to EducationNC or to other companies where so indicated.
9. Intellectual Property Policy.
We respect the intellectual property rights of others, take the protection of copyrights and all other intellectual property very seriously, and ask our Registered Users to do the same. Our intellectual property policy is to (a) remove material that EducationNC believes in good faith or upon notice from an intellectual property owner or their agent that the material is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content posted to the Service by “repeat infringers.” EducationNC considers a “repeat infringer” to be any Registered User that has uploaded User Content to the Service and for whom EducationNC has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. We have discretion, however, to terminate the account of any Registered User after receipt of a single notification of claimed infringement or upon our own determination. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe in good faith that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” requesting that the material be removed, or access to it blocked (see 17 U.S.C. 512(c)(3) for further detail). You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright. The notice must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple works are alleged to have been infringed, a representative list of such works;
- Identification of the material that you claim is infringing or is the subject of infringing activity and information reasonably sufficient to permit us to locate the material (ideally, the URL or other specific location on the Service where the allegedly infringing material is located);
- Your name, address, telephone number, and email address (if available);
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of an exclusive right that is allegedly infringed or authorized to act on the behalf of such an owner.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send EducationNC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to:
CEO, President, Editor-in-Chief
PO Box 1636
Raleigh, NC 27602
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. The foregoing is not intended to provide you with legal advice.
10. Links To Other Web Sites.
Our Service may contain links to third party web sites or services that are not owned or controlled by EducationNC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that EducationNC 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, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
11. Suggestions and Submissions.
We appreciate hearing from our Registered Users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) have a perpetual, irrevocable, non-exclusive right in and to any Creative Ideas and shall own exclusive any derivative works based upon your Creative Ideas created by or for us; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you should log into your account, follow the link to “Edit my profile” and click on the link “Remove my account.” All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless EducationNC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) User Content you posted on the Service. We shall provide notice to you promptly of any such claim, suit, or proceeding. EducationNC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from EducationNC.
14. Limitation of Liability.
In no event shall EducationNC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or User Content by third parties, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. EducationNC, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is or will be free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Disputes Among Registered Users.
You are solely responsible for your interactions with other Registered Users. EducationNC reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
17. Governing Law; Disputes with EducationNC.
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. EducationNC may freely transfer or assign these Terms and any of our rights or obligations hereunder. You may not transfer or assign these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void.
EducationNC is the sole determiner in cases of suspected abuse, fraud, or violation of these Terms and any decision we make relating to termination of a Registered User account shall be final and binding. EducationNC reserves the right to exercise any legal remedy to recover damages for a breach or contravention of the terms hereof.
Either EducationNC or you may demand that any dispute between us about or involving the Service must be settled by binding arbitration in Raleigh, North Carolina, USA, provided that the foregoing shall not prevent EducationNC from seeking injunctive relief in a court of competent jurisdiction. In such event, you and EducationNC agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration. The arbitration shall be conducted in the English language.
You also acknowledge and understand that, with respect to any dispute with the released parties arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN 1 YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modification shall be effective immediately upon being posted on the Service. These Terms will identify the date of the last update. If a revision is material we will make reasonable efforts to notify you of the change, such as through sending an e-mail to any e-mail address we may have on file for you, through a notification on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of (a) your first use of the Service with actual notice of such change, or (b) 30 days from posting of such change. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
19. Contacting EducationNC.
You can contact us at:
PO Box 1636
Raleigh, NC 27601