Terms of Service
Effective date: February 27, 2019
Terms of Service
Please read this Terms of Service Agreement ("Terms", "Terms of Service") carefully, as it constitutes a legally binding agreement and applies to your use of (a) www.edlitera.com and all corresponding domains, subdomains, web pages and websites associated therewith (the "Site"), and (b) any other content, applications, features, functionality, information and services offered on or through the Site (the foregoing subsections (a) and (b) are collectively referred to herein as the "Service"), which are offered to you by Edlitera ("Edlitera", "we", "us" or "our"). Edlitera is owned and operated by CSCV Enterprises, LLC.
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, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Acceptance of Terms
Users of the Service ("Users") may be "Students," which means they have registered with Edlitera and have current paid (by User or on their behalf) access to courses, webinars, workshops, career tracks, or other programs (collectively, "Courses"). Users may also be "Visitors," which comprise all Users that are not Students, or Students that are accessing unpaid content or portions of the Service.
These Terms of Service apply to all Users (also referred to as "you" or "your"). By using the Service, you acknowledge and agree that you shall comply with these Terms.
Revisions to Terms
We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of the Edlitera Service, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using the Edlitera Service.
In order to use the Service, you must be 18 years of age of older, or be 13 years of age or older and have the consent of a your parent or guardian. By using the Service, you represent, warrant and covenant to Edlitera that you meet the foregoing eligibility requirements and further acknowledge and agree that certain features of the Service may be subject to heightened age and/or other eligibility requirements and restrictions.
In order to access and utilize content, features, and/or functionality of the Service, we require that you register for an Edlitera User Account using a unique username (email address) and password combination ("User Credentials") and provide certain additional information, which may include, without limitation, your email address, name and other information (collectively, an "Account"). Certain information you provide for your Account will be visible to other Users of the Service. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information.
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 agree that if you create an account and use the Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
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.
Access To And Usage Of The Service
We reserve the right to withdraw or amend the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Site, to registered Users and/or otherwise, as we determine in our sole discretion.
You further acknowledge and agree that the Service (in whole or in part), and certain content contained therein, may be accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such same in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times, and shall not violate or attempt to violate any security components thereof.
The "Edlitera Service" means the website located at www.edlitera.com and any associated software, applications, and services under Edlitera’s control, whether partial or otherwise, used in connection with providing the services provided by Edlitera. The Edlitera Service provides an online platform to enable you to view information online about classes, courses, workshops, webinars, and other education programs and events offered by Edlitera. This platform also provides access to a multi-media library of past and current Courses. These Courses may be made available for free or for a fee, in Edlitera’s sole discretion.
Instructors. Our Courses will be offered by our members, and seasoned practitioners (collectively "Instructors").
Course Availability. We cannot promise the availability of any Course and we may change the content, time and availability of any Course at our sole discretion.
Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, in our sole discretion, including hours of operation or availability of the Service or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Webistes. The Service may include links to third party websites and applications. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
To the extent you choose to purchase Edlitera products/services, you represent and warrant that (a) you are 18 years of age or older and (b) you agree to pay, in full, any and all applicable fees and charges (including, without limitation, all applicable taxes) as they become due, and your failure to pay any such fees may result in the termination of your Account.
You acknowledge and agree that we may utilize certain third party operational service providers, including, without limitation, third-party payment systems, in connection with your purchases via Edlitera. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use.
Edlitera (and/or its licensors) own all right, title and interest in and to the Service, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Service, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Service).
The Service is to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use in accordance with the terms and conditions of these Terms, and for no other purposes, and except as expressly authorized by Edlitera herein, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Service, including, without limitation, any content therein, without the express, prior written consent of Edlitera or its owner if Edlitera is not the owner.
You further understand and agree that the framing or scraping of or in-line linking to the Service and/or the use of Web crawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Service other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Service.
Monitoring Of The Service
Edlitera assumes no responsibility or liability for monitoring, or failing to monitor, the Service for inappropriate content or conduct; however, if at any time Edlitera chooses in its sole discretion to monitor the Service, Edlitera nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating these Terms, or is deemed to be unacceptable to Edlitera, as determined in Edlitera’s sole discretion; provided, however, that Edlitera shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.
Further, you acknowledge, consent and agree that Edlitera may access, preserve and disclose your Account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to
- (a) comply with the law or legal process;
- (b) enforce these Terms;
- (c) respond to claims that any content or information violates the rights of any third party;
- (d) respond to your requests for customer or technical service; or
- (e) protect the rights, property or personal safety of Edlitera, other Users and/or any third parties including acting in urgent circumstances.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
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 provided in any email we send.
You agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.
Limitation Of Liability And Indemnification
IN NO EVENT SHALL EDLITERA, NOR ITS DIRECTORS, OWNERS, 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 CONTENT, 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.
Indemnification. You agree to defend, indemnify and hold harmless Edlitera 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) Content posted on the Service.
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.
EDLITERA, ITS SUBSIDIARIES, OWNERS, 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 FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
If you have any questions about these Terms, please contact us .
Effective date: July 05, 2018