TERMS
AND CONDITIONS
Last
updated: 2020-01-01
1.
Introduction
Welcome
to Educators Data Solutions (“Company”, “we”, “our”, “us”)!
These
Terms of Service (“Terms”, “Terms of Service”) govern your use of our website
located at www.TexasEDS.com (together or individually “Service”)
operated by Educators Data Solutions.
Our
Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages.
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If
you do not agree with (or cannot comply with) Agreements, then you may not use
the Service, but please let us know by emailing at support@texaseds.com so
we can try to find a solution. These Terms apply to all visitors, users and others
who wish to access or use Service.
2.
Communications
By
using 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 by emailing at support@texaseds.com.
3.
Contests, Sweepstakes and Promotions
Any
contests, sweepstakes or other promotions (collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms of Service, Promotion rules will apply.
4.
Content
Content
found on or through this Service are the property of Educators Data Solutions
or used with permission.
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.
5.
Prohibited Uses
You
may use Service only for lawful purposes and in accordance with Terms. You
agree not to use Service:
0.1.
In any way that violates any applicable national or international law or
regulation.
0.2.
For the purpose of exploiting, harming, or attempting to exploit or harm minors
in any way by exposing them to inappropriate content or otherwise.
0.3.
To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter,” “spam,” or any other
similar solicitation.
0.4.
To impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
0.5.
In any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
0.6.
To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
Additionally,
you agree not to:
0.1.
Use Service in any manner that could disable, overburden, damage, or impair
Service or interfere with any other party’s use of Service, including their
ability to engage in real time activities through Service.
0.2.
Use any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
0.3.
Use any manual process to monitor or copy any of the material on Service or for
any other unauthorized purpose without our prior written consent.
0.4.
Use any device, software, or routine that interferes with the proper working of
Service.
0.5.
Introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
0.6.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any
parts of Service, the server on which Service is stored, or any server,
computer, or database connected to Service.
0.7.
Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
0.8.
Take any action that may damage or falsify Company rating.
0.9.
Otherwise attempt to interfere with the proper working of Service.
6.
Analytics
We
may use third-party Service Providers to monitor and analyze the use of our
Service.
7.
Accounts
When
you create an account with us, you guarantee 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
Service.
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 or a third-party service. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
You
may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights
of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene.
We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
8.
Intellectual Property
Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of Educators Data Solutions and its licensors.
Service is protected by copyright, trademark, and other laws of and foreign
countries. Our trademarks may not be used in connection with any product or
service without the prior written consent of Educators Data Solutions.
9.
Copyright Policy
We
respect the intellectual property rights of others. It is our policy to respond
to any claim that Content posted on 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 that
the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to support@texaseds.com, with
the subject line: “Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under “DMCA Notice
and Procedure for Copyright Infringement Claims”
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 Service on your copyright.
10.
DMCA Notice and Procedure for Copyright Infringement Claims
You
may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
0.1.
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright’s interest;
0.2.
a description of the copyrighted work that you claim has been infringed, including
the URL (i.e., web page address) of the location where the copyrighted work
exists or a copy of the copyrighted work;
0.3.
identification of the URL or other specific location on Service where the
material that you claim is infringing is located;
0.4.
your address, telephone number, and email address;
0.5.
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
0.6.
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
You
can contact our Copyright Agent via email at sales@texaseds.com.
11.
Error Reporting and Feedback
You
may provide us either directly at support@texaseds.com or via third party sites
and tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You acknowledge and agree that: (i)
you shall not retain, acquire or assert any intellectual property right or
other right, title or interest in or to the Feedback; (ii) Company may have
development ideas similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you or any third
party; and (iv) Company is not under any obligation of confidentiality with
respect to the Feedback. In the event the transfer of the ownership to the
Feedback is not possible due to applicable mandatory laws, you grant Company
and its affiliates an exclusive, transferable, irrevocable, free-of-charge,
sub-licensable, unlimited and perpetual right to use (including copy, modify,
create derivative works, publish, distribute and commercialize) Feedback in any
manner and for any purpose.
12.
Links To Other Web Sites
Our
Service may contain links to third party web sites or services that are not
owned or controlled by Educators Data Solutions.
Educators
Data Solutions has no control over, and assumes 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 COMPANY 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 OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY
WEB SITES OR SERVICES THAT YOU VISIT.
13.
Disclaimer Of Warranty
THESE
SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER
COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
14.
Limitation Of Liability
EXCEPT
AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15.
Termination
We
may terminate or suspend your account and bar access to 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 Terms.
If
you wish to terminate your account, you may simply discontinue using Service.
All
provisions of Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
16.
Governing Law
These
Terms shall be governed and construed in accordance with the laws of Texas,
which governing law applies to agreement 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 Service.
17.
Changes To Service
We
reserve the right to withdraw or amend our Service, and any service or material
we provide via Service, in our sole discretion without notice. We will not be
liable if for any reason all or any part of Service is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
Service, or the entire Service, to users, including registered users.
18.
Amendments To Terms
We
may amend Terms at any time by posting the amended terms on this site. It is
your responsibility to review these Terms periodically.
Your
continued use of the Platform following the posting of revised Terms means that
you accept and agree to the changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you.
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 Service.
19.
Waiver And Severability
No
waiver by Company of any term or condition set forth in Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of Company to assert a right or provision
under Terms shall not constitute a waiver of such right or provision.
If
any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and effect.
20.
Acknowledgement
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
21.
Contact Us
Please
send your feedback, comments, requests for technical support by email: sales@texaseds.com.
