Terms and Conditions of Use
Welcome to the world of Educator®. Educator® provides online educational services which include video lectures, quizzes, exercise files and online community features. Below is a detailed explanation of our terms and conditions. You should read and understand them as they govern your use of our service.
User Agreement for Access to the Educator, Inc. World Wide Website
I. General Disclaimers
Terms of agreement provide for the legal terms by which you are bound when you use Educator® services. If you use Educator® services, then you are bound by these legal terms whether or not you are a member of Educator®. You can only use Educator® services if you accept these terms of agreement. If you do not accept these terms then you should not use any of the Educator® services. You must also accept the rule that Educator® has the power/authority to change any part of its services and its charges according to its wish. If Educator® finds out that you have broken this Agreement, then, at any time, Educator® may remove your posts, and suspend or terminate your access to a part or all of the Educator® Services.
Educator® services should not be used where they are prohibited. Educator® services are only meant for adults or children 13 years old or older. If a child is below 13 years old then his/her registration should be done by a parent or legal guardian. Parents are also allowed to utilize Educator® services.
III. Billing Conditions
The monthly plan is a recurring subscription service where you will be billed at the beginning of each term. The term for the monthly plan is 30 days. Your Educator® membership will continue every 30 days unless and until you cancel your membership.
Six and twelve-month plans are to be paid in full at the beginning of their term and constitute 180 days or 360 days, respectively, of use.
If you cancel within a 30 day billing cycle for the monthly subscription, you cancel only future charges associated with your subscription, and you will still have access to the remaining subscription. Your access and privileges will continue to the end of the current billing period, and you will not receive a refund. However, you must cancel your membership before it renews each 30 days in order to avoid billing of the next month's membership fees to your Payment Method. You will not be notified in advance of impending renewals. If you do not cancel, we will bill the membership fee to the Payment Method you provide to us during registration every 30 days. Re-subscriptions to the monthly subscription are subject to current terms of $45 for the first month and $35 per month thereafter.
If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. In addition, if any or all of our digital products are temporarily unavailable, you will not receive a refund.
Refunds will only be given at the discretion of Educator® and only if one of the following reasons can be proven with physical documented proof:
- Duplicate billing or an incorrect amount billed.
- Suspicion of identity theft.
IV. Proper Use
In order to use Educator® services you must
- Provide legitimage and complete information about yourself while registering
- Keep your password and identity confidential
- Keep your information current and complete.
- Be fully responsible for your account. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Educator immediately if you learn of an unauthorized use of your password. If Educator® finds out or believes that the information you provided is false, not complete or current, then Educator® may suspend or terminate your account.
V. Prohibited use
You must accept that you will not use Educator® services to take any of the following steps
- Abuse or harass others or their legal rights.
- Share your login and password with others.
- Post any illegal or adult content.
- Use any methods which try to circumvent any legal copyright issues or gain control over license-enforcement mechanisms that are utilized to guard the content made available by Educator® services.
- Imitate, copy, or sell for any purposes any data given by Educator® services.
- Request personal information from any other user.
- Transfer files which have viruses or any other adware or malware or any other similar programs which can damage or adversely affect the other persons computer, our sites or any other communication equipment.
- Promote and offer to sell any products or services for any business purpose.
- Promote surveys, contests, illegal stuff or any chain letters.
- Disrupt or interrupt Educator®s websites and networks.
- Defame any person or entity or falsely state or misrepresent your affiliation with a person.
- Indulge yourself in illegal activities. You accept that you will only send and get information and materials which are legitimate and associated with Educator® services.
- Use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
VI. License to User Contributions
The Educator® services are meant for you to provide and distribute content and take part in discussion threads and other forums. You are responsible fully for all the content and stuff which is posted in the forum or is transferred privately. You represent that you have all the legit property rights in the content or stuff you contribute. When you distribute or publish any content or material through Educator® services, you give Educator® a restricted power or license to utilize, modify, remove, add, display in the public, reproduce and distribute such content without limitation.
Educator® will also have the power to retain and utilize comments, feedback suggestions or any other information for any kind of purpose. The license will apply to transfer or distribution in any form or technology.
If you would like to notify us of content which you believe does not comply with these Terms and Conditions of Use, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. We do our absolute best to monitor comments on the site, however you understand that in using this site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Educator® arising from your exposure to such materials.
VII. Intellectual Property Rights
The Educator® services have copyright, trademark and legal laws and Educator® has the power and rights in the Educator® services. Without the prior written permission of Educator®, you cannot use Educator®'s copyrights, trademarks, patents and trade secrets.
Educator® and its users or licensors own all materials and stuff which are made available through the Educator® services. Modification, imitation, copy, distribution, reproduction, or republication of any content made available through Educator® services is prohibited and should not be done without prior written permission of Educator®. All eligible members are allowed a restricted license to access and utilization of Educator® services and to download and get a copy of data posted on the Educator® website only for your personal or non-business use. At any time this license is revocable without any notice or any reason.
VIII. Submissions Policy
Users are allowed to submit to us on a non-confidential basis any related educational content which are owned and created by them. You must understand that Educator® is under no obligation to assess or utilize the materials you submit, and that we may use content submitted by any third parties, and the content you submit to us may be similar to the content which we create privately. You do have 100 % rights in the content you submit to us; however you accept that you will not file any claim against Educator® or any of our customers if the content you submitted to us is similar to content made available by Educator® services.
IX. Copyright violations
Educator® always replies promptly to any claims of misuse of property. If you are sure that your work or content has been copied or imitated and is made available on the Educator® services in a way that comprises of copyright infringement, you must notify Educator®'s copyright agent with the following information in writing:
- The digital or physical sign of the owner of the copyright or of the person who has to act on the owners behalf.
- Identity and location of the copyrighted material which you claim has been copied.
- Identity and location of the work which has been claimed copied including its location on the Educator® Services.
- Your general basic details like name, address, contact number and email address.
- A statement made by you that you have a firm belief that use of the material or content is not authorized by the copyright owner, its agent or the law.
- Under penalty of perjury, a statement should be submitted that the above information in your notice is legit and that you are the copyright owner or are allowed to act on the behalf of the copyrights owner.
After receiving the claim of infringement, Educator® will assess and investigate the matter and will take necessary actions under the DMCA and any other related property laws. When proof in accordance with DMCA is found out, Educator® will remove or restrict access to any content claimed to be copied and take necessary steps to notify you that the content or article has been removed.
If you want to get email updates from Educator® for example when you create an account on Educator® and submit your email address and check mark the box saying receive emails from Educator® you are giving consent to receive emails from us about our products, services or any other news. Terms of Service will apply to all such emails as all such emails will be considered as a part of Educator® services.
XI. Third Party Links
The provision of links to websites or locations other than Educator® is for your convenience only and it does not signify our affiliation with any such websites or locations. We do not review and have no power or access over these websites and locations and their content.
XII. No Warranty
The accuracy or the integrity of the content contained in the Educator® services is not guaranteed. You should not be dependent on any of the content of Educator® services.
We are not liable for the posts made by the users in any section of the Educator® services. You may see content which you may find offensive, rude or false and you have to bear all the dangers associated with use of that content. We are not obliged to remove any content which violates these terms of service but we do have the right to remove it. The content provided in Educator® services is “AS IS” and Educator® does not guarantee that any of the content is legit, reliable and complete. ACCORDINGLY, EDUCATOR®, ITS SUPPLIERS AND OTHER MEMBERS CONTRIBUTING INFORMATION TO THE EDUCATOR® SERVICES DO NOT WARRANT THAT THE CONTENT WILL MEET YOUR NEEDS OR THAT EDUCATOR® SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR BUG FREE. YOU ARE PROVIDED WITH THIS INFORMATION WITHOUT ANY EXPRESS OR IMPLED WARRANTY OF ANY KIND WHICH INCLUDES WITHOUT LIMITATION. ANY IMPLIED WARRANTIES OF MERCHANTABILITY WHICH MAY BE THERE ARE ONLY FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
XIII. Limitation of Liability
EDUCATOR®, ITS SUPPLIERS OR ANY ONE ELSE WHO IS INVOLVED WITH THE CREATION, DISTRIBUTION AND DELIVERY OF EDUCATOR® SERVICES WILL NOT BE LIABLE IN ANY CASE FOR ANY DIRECT OR INDIRECT HARM INCLUDING WITHOUT LIMITATION (PROFITS LOST, DATA DELETED) WHICH MAY ARISE OUT OF THE UTILIZATION OF EDUCATOR® SERVICES, EVEN IF EDUCATOR® HAS BEEN INFORMED OF THE CHANCES OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
XIV. Modification of Terms
This Terms of Service Agreement was last updated on November 8, 2012. We reserve the right, at any time, to modify the services and/or the terms of this agreement without prior notice. We recommend that you check these Terms and Conditions of Use periodically to see if there have been any modifications. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms and Conditions of Use. Educator® has the full rights to modify any part or whole of these terms of service and such editing will be effective instantly while posting to the Educator® website.
You should accept to indemnify and protect Educator® and all of its officers, partners and employees against any liability, losses or costs which include attorney fees incurred by Educator® in association with any claim, which includes any liability or expense arising out of the utilization of Educator® services. Specifically, you agree to indemnify and hold Educator® harmless from any liabilities made by any third party due to or arising out of (a) your use or misuse of the site or services, which also includes the content and the stuff you submit to Educator® services., (b) the viewing of content or video, (c) the violation of laws, rules, regulations or terms this agreement, (d) your failure to comply with Educator® terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Educator® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Educator® in asserting any available defenses. You will be provided with written notice of such suit or claim by Educator®.
The entire agreement between you and Educator® services is constituted in this Agreement. If any part of the provision of this Agreement is found out to be inaccurate or false, then such provision will be removed and it will be replaced by a legit enforceable provision which closely resembles the original provision along with the enforcement of the rest of the provisions. The interpretation of this Agreement will be done in accordance with the Laws of the State of California.