EDUGION, INC. ("EDUGION," "we," " us," or "our") operates the website, www.edugion.com ("Site"), and provides products and services through mobile and other applications ("Services ").
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our Site and Services.
Unless expressly permitted by supplemental terms, our Site and Services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our Site and Services are solely those of the poster and not ours, nor our employees, officers, directors, shareholders, attorneys or other agents. We do not guarantee the accuracy, reliability nor the information provided by any poster, administrator or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This Paragraph may not be modified, waived or released except by a written agreement, dated and signed by our President and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our Site and Services at any time without notice. We and our Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
2. Content & Conduct.
2.1. Content. We do not control, are not responsible for and make no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content.
You are also responsible for any Content that you post or transmit and, if you create a User account ("Account"), you are responsible for all Content posted or transmitted through or by use of your Account.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any Content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any Content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of Content that you post).
2.2. Conduct. We do not control, are not responsible for and make no representations or warranties with respect to any User or User conduct. You are solely responsible for your interaction with or reliance on any User or User conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User or User conduct. You are also responsible for your own conduct and activities on, through or related to our Site and Services, and, if you create an account on our Site and Services, you are responsible for all conduct or activities on, through or by use of your Account.
3. Postings & Accounts. This Section 3 applies to all uses and Users of our Site and Services, unless we have specifically authorized an exception to a particular term for a particular User in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section 3.
3.1. Postings. Users may not circumvent any technological measure implemented by us to restrict the manner in which Content may be posted on our Site and Services or to regulate the manner in which Content (including but not limited to email) may be transmitted to other Users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and Content obfuscation via HTML techniques, printing text on images, inserting random text or Content "spinning."
It is expressly prohibited for any third-party to post Content to our Site and Services on behalf of another. Users must post Content only on their own behalf, and may not permit, enable, induce or encourage any third-party to post Content for them.
It is expressly prohibited to post Content to our Site and Services using any automated means. Users must post all Content personally and manually through all steps of the posting process. It is also expressly prohibited for any User to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any User who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to us for each instance of access to our Site and Services (by any User or other third-party) using that automated means.
Affiliate marketing by Users is expressly prohibited on our Site and Services. Users may not post Content or communicate with any User for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
3.2. Accounts. For each site, a User may create, maintain and use no more than one Account to post Content only on his/her own behalf. A User must create his/her Account personally and manually and may not create Accounts by any automated means. Without limitation, this includes the obligation that the User personally and manually solves any CAPTCHA challenge in the Account creation process. A User may not create or use additional Accounts or any Account of another and must not permit, enable, induce or encourage others to create Accounts for him/her or it.
4. Unauthorized Access and Activities. This Section 4 applies to all uses and Users of our Site and Services, unless we have specifically authorized an exception to a particular term for a particular User in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section 4.
To maintain the integrity and functionality of our Site and Services for its Users, access to our Site and Services and/or activities related to our Site and Services that are harmful to, inconsistent with or disruptive of our Site and Services and/or Users, beneficial use and enjoyment of our Site and Services are expressly unauthorized and prohibited. For example, without limitation:
5. Interactions with Others. We and our Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
6. Fees. In certain instances, we may charge a fee to post Content or for other features, products, services or licenses. You are responsible for any fees applicable to Content that you post or other features, products, services or licenses you purchase or that are purchased through your Account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges shall be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law or otherwise stated on the Site or in the Services, all fees are nonrefundable, and payments and purchases may not be canceled by the User. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
8. Disclaimers. YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITE, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site and Services or Content accessed through our Site and Services, or any interactions with others arising out of or related to our Site and Services or Content accessed through our Site and Services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Copyright Policy. We have adopted and implemented our Copyright Policy in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). In appropriate circumstances and at our sole discretion, we may disable and/or terminate User Accounts who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
15. Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Site, please send an email to: firstname.lastname@example.org (with subject line "California User Consumer Rights Notice"). You may also contact us by writing to: Ruberto, Israel & Weiner, P.C., Attn: Eric Sigman, 255 State Street, 7th Floor, Boston, MA 02109.
Users who are California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 916.445.1254 or 800.952.5210.
Please be sure to identify the specific Service about which you have a question or complaint and how we can contact you.
16. Dispute Resolution; Arbitration. We believe we will be able to resolve most disputes or issues you may have using our Site and Services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Ruberto, Israel & Weiner, P.C., Attn: Eric Sigman, 255 State Street, 7th Floor, Boston, MA 02109.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a Representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class Representative.
You agree that arbitration will be exclusively held in Boston, Massachusetts and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party's list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
17.3. Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our Site and Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
You agree that any claims, causes of action or disputes not subject to Section 16 shall be brought exclusively in courts located within the county of Massachusetts United States, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.
All claims not subject to Section 16 that you bring against us must be resolved in accordance with this Section 17.5. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys. fees and costs up to US $2,500.00 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
17.6. Electronic Communications. When you use our Site and Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We shall communicate with you by email or by posting notices on our Site and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.7. Electronic Contracting. Your use of our Site and Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
17.9. Feedback. You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our Site and Services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Last Updated: June 17, 2020