PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS (THE “TEACHAIDS TERMS”).
These TeachAids Terms create a binding legal agreement between you and TeachAids, a California Nonprofit Public Benefit Corporation (“TeachAids”) and govern your use of the TeachAids.org website and any other websites made available by TeachAids that link to and purport to be governed by these TeachAids Terms (the “Sites”) and the content and functionality provided via the Sites (such content and functionality, together with the Sites, collectively, the “Services”).
THE SERVICES ARE PROVIDED ONLY FOR NONCOMMERCIAL, INFORMATIONAL USE AND ARE NOT A SUBSTITUTE FOR CLINICAL DIAGNOSIS BY A PHYSICIAN. TEACHAIDS DOES NOT GUARANTEE THE CLINICAL ACCURACY OR INTERPRETATION OF ANY INFORMATION OR CONTENT AVAILABLE ON THE SERVICES.
PLEASE NOTE THAT SECTION 9) OF THESE TEACHAIDS TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES WITH TEACHAIDS.
You represent and warrant that (i) you are at least 13 years of age, (ii) if you are under 18 years of age, you have obtained the consent of your parent or legal guardian to these TeachAids Terms and for your use of the Services, and (iii) you are fully able and competent to enter into and to comply with these TeachAids Terms.
TeachAids may change any of the terms contained herein or modify the Services at any time, and you accept any changes made to these TeachAids Terms by continuing to use the Services after TeachAids posts the changes. TeachAids may immediately terminate this contract with you (including your access to the Services) at any time, including but not limited to, if you fail to comply with any provision of these TeachAids Terms. You agree and understand that TeachAids is not obligated to provide you with access to the Services.
You acknowledge and agree that TeachAids and/or its licensors own all right, title and interest in and to the Services and all content available through the Services, including all intellectual property rights therein and thereto. You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these TeachAids Terms or any access to or use of the Services. All rights not expressly granted to you with respect to the Services are reserved by TeachAids and its licensors.
2) License Grant and Restrictions.
a) Subject to your compliance with these TeachAids Terms, TeachAids hereby grants you a limited, personal, nonexclusive, non-transferable, revocable license to access and use the Services solely for your personal, noncommercial use, as provided herein.
b) If any particular content on the Service is designated as being licensed under a different license, such as a creative commons license (“Creative Commons License”), then the terms of that license will apply to that content notwithstanding any more restrictive terms contained herein.
c) Except as permitted under a Creative Commons License, you may not publish, distribute, display, perform, edit, adapt, modify or otherwise exploit the Services or any content distributed through the Services under any circumstances.
d) You may not (i) circumvent or disable any content protection system or digital rights management technology used with the Services or the content made available through the Services, (ii) decompile, reverse engineer, disassemble or otherwise reduce the Services or any software or technology provided to you in connection with the Services, to a human-readable form, (iii) remove any attribution, copyright, or other proprietary notices from any Content provided through the Services, or (iv) access or use the Services or any content provided through the Services in an unlawful or unauthorized manner.
3) Additional Information about the Services.
The Services may contain links to third party content and integrations with third party platforms, including social media sites. TeachAids does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third party content and integrations. Use of any linked third party content and integrations is at your own risk. When you access the Services through a mobile network, your network or roaming provider’s rates and fees will apply.
4) Limitations on Use of the Services.
You may not access or use, or attempt to access or use, the Services to take any action that could harm TeachAids, its licensors, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit through the Service;
- engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
- take any action that imposes an unreasonable or disproportionately large load on TeachAids’s network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- distribute any unauthorized materials or advertise or promote goods or services through the Services without TeachAids’s permission (including, without limitation, by sending spam); or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in TeachAids’s sole judgment, exposes TeachAids or any of TeachAids’s users, affiliates, or any other third party to any liability, damages, or detriment of any type.
5) Feedback; Communications with You.
a) You agree that TeachAids may use all or part of any comments, suggestions or feedback you provide regarding your use of the Services, any content available through the services, or any derivative thereof (“Feedback”) in any manner and media without any remuneration, compensation or credit to you.
b) TeachAids and its service providers may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by TeachAids, including through the Services or contact information you provide to us through the Services. You consent to receive communications from TeachAids and its service providers that may: (i) solicit Feedback via e- mail, surveys, bug reports, or other methods TeachAids may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services, the content available through the Services, or these TeachAids Terms; and (iv) tell you about future TeachAids programs, products or services. You agree that TeachAids may share your contact information with its service providers, and, to the extent necessary to enable such communications, with other third parties.
6) Disclaimer of Warranties, Limitation of Liability, and Indemnity.
a) THE SERVICES AND ALL CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES AND SUCH CONTENT ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, NOR DO THEY REPLACE, (I) PROFESSIONAL MEDICAL ADVICE, SCREENING, DIAGNOSIS, OR TREATMENT, (II) THE PRACTICE OF MEDICINE, OR (III) THE PROVISION OF MEDICAL CARE. THE SERVICES AND THEIR CONTENT ARE NOT DESIGNED TO SUBSTITUTE FOR CLINICAL EXAMINATION OR DIAGNOSIS. PLEASE DO NOT RELY ON THE SERVICES OR THEIR CONTENT TO ASSESS YOUR HEALTH; INSTEAD, YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL IN ALL MATTERS RELATING TO YOUR HEALTH. IN THE EVENT OF AN EMERGENCY, IMMEDIATELY CALL 911 OR YOUR HEALTHCARE PROVIDER.
b) YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER TEACHAIDS NOR ITS LICENSORS MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY OR PRIVACY OF YOUR DATA AND/OR INFORMATION, COMPATIBILITY, OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN TEXT, AUDIO, VIDEO, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). NEITHER TEACHAIDS NOR PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS. TEACHAIDS IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT.
c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEACHAIDS, ITS LICENSORS, THEIR AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “LICENSOR PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE SERVICE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LICENSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES OR SERVICE CONTENT EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND $100. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TEACHAIDS TERMS AND THAT TEACHAIDS COULD NOT PROVIDE THE SERVICES OR THE SERVICE CONTENT EXCEPT IN RELIANCE ON THESE LIMITATIONS OF LIABILITY.
d) YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE LICENSOR PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TEACHAIDS TERMS, YOUR USE OF THE SERVICES OR THE SERVICES CONTENT, OR YOUR FEEDBACK. TEACHAIDS RESERVES THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN SUCH EVENT, YOU SHALL PROVIDE TEACHAIDS WITH SUCH COOPERATION AS TEACHAIDS REASONABLY REQUESTS.
From time to time, TeachAids (either directly or through a third party service) may communicate with you about the Services and/or these TeachAids Terms via e-mail or otherwise through the Services. You agree that any such notices, disclosures, and other communications will satisfy TeachAids’s applicable legal notification requirements. Notices may include modifications to the terms of these TeachAids Terms or changes to the Services or Service Content. TeachAids recommends that you keep a copy of any electronic communications TeachAids sends to you for your records.
8) User Content
Certain features of the Services may permit you or other users to upload content to the Services, including images, data, text, videos, and other types of information (“User Content”) and to publish User Content on the Services. You retain any copyrights, including any moral rights, and any other proprietary rights that you may hold in the User Content that you post to the Services.
a) Limited License Grant to TeachAids. By posting or publishing User Content, you grant TeachAids a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (with the right to sublicense) to use, reproduce, host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, for any purpose, in any media formats and through any media channels now known or hereafter developed, including without limitation by
distributing the User Content to third parties under a Creative Commons or similar license. You irrevocably and forever waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. If your name, image, voice, or likeness (your “Appearance”) appears in the User Content, you authorize TeachAids to use your Appearance in connection with both non-commercial and commercial uses of the User Content and waive all rights of publicity with respect to such uses of your Appearance. You hereby release TeachAids and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. TeachAids reserves the right to refuse to accept, post, display, or transmit any of your User Content in its sole discretion.
b) User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize TeachAids to exercise the licenses to the User Content granted by you in this section, in the manner contemplated by TeachAids, the Services, and these Terms; and
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TeachAids to violate any law or regulation.
- You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the Services.
c) User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. TeachAids may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TeachAids with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
d) Procedure for Unlawful User Content. If you believe that any User Content does not conform to these Terms, please notify us.
We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Services, you may contact our designated agent at the following address:
TeachAids ATTN: Legal Department (Copyright Notification) 514 High Street, Suite 5 Stanford, California 94301 +1 408 462 2437 email@example.com
Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Consent is infringing, you may be subject to civil or criminal penalty.
Any notice under the Digital Millennium Copyright Act (the “DMCA”) alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include all of the information required by the DMCA for such notices. TeachAids will promptly terminate without notice access to the Services by users that are determined by TeachAids to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Services at least three times.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, TeachAids and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these TeachAids Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
a) Notice of Dispute. In the event of a Dispute, you or TeachAids must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to TeachAids at 514 High Street, Suite 5, Stanford, California 94301 and also via e- mail to firstname.lastname@example.org. TeachAids will send any Notice of Dispute to you by first class U.S. Mail to your address if TeachAids has it, or otherwise to your e-mail address. You and TeachAids will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or TeachAids may commence arbitration.
b) Mediation, Binding Arbitration and Governing Law. You and TeachAids shall endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation shall be Palo Alto, California. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or TeachAids may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 9). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Palo Alto, California. Any court with jurisdiction over the parties may enforce the arbitrator’s award. As the Services are provided in California, to the fullest extent permitted by law, your access to and use of the Services, the TeachAids Terms and any Dispute that might arise between you and TeachAids shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
c) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor TeachAids will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
d) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, TeachAids and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
e) Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If TeachAids files, then TeachAids will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
f) Filing Period. To the extent permitted by law, any Dispute under these TeachAids Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
The term of these TeachAids Terms will commence on the date of your first use of the Services and continue until the earliest of: (i) the date upon which TeachAids, in its sole discretion, provides notice to you of termination of these TeachAids Terms or your access to the Services is terminated (which may occur for any reason); and (ii) your violation or breach of any provisions of these TeachAids Terms (the “Term”). Upon expiration or termination of these TeachAids Terms, the rights granted to you under these TeachAids Terms with respect to the Services and Service Content will immediately terminate. However, TeachAids’s rights to use your Feedback, as well as the limitations on TeachAids’s liability, the indemnification provisions, and the terms pertaining to the dispute resolution process, will survive any expiration or termination of these TeachAids Terms.
a) Supplemental Terms. When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the TeachAids Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these TeachAids Terms, the supplemental terms associated with the applicable portion of the Services govern with respect to your use of such portion of the Services to the extent of the conflict.
b) No Assignment. These TeachAids Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TeachAids without restriction. These TeachAids Terms operate to the fullest extent permissible by law.
c) Severability. If any provision of these TeachAids Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these TeachAids Terms and will not affect the validity and enforceability of any remaining provisions.
d) No Waiver. TeachAids’s failure to enforce any provisions of these TeachAids Terms or respond to a violation by any party does not waive TeachAids’s right to subsequently enforce any terms or conditions of the TeachAids Terms or respond to any violations. Nothing contained in these TeachAids Terms is in derogation of TeachAids’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by TeachAids with respect to such uses.
e) Governing Law. These TeachAids Terms shall be governed by, and construed and interpreted in accordance with, the laws of the United States and the State of California. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
f) Contact. For inquiries or questions regarding these TeachAids Terms or the Services, please contact TeachAids at email@example.com.