PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT.
1. DEFINITIONS
The following terms, when used in this Agreement, shall have the following meanings.
"Content" shall mean all information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site. "Site" shall mean any Educator internet site, page (and all sub-pages), uniform resource locator ("URL"), domain location, and all information and Content thereon.
Trademark Notice
"Educator", the Educator logo, are trademarks and/or service marks of Educator. Unless otherwise noted on the Site, all other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
2. LICENSE GRANT & OWNERSHIP BY EDUCATOR
- License: Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Educator grants you a non-exclusive, non-transferable, limited license only to view or print the Content in this Site without alterations, for personal, internal and non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
- Ownership: All Content on the Site is (and shall continue to be) owned exclusively by Educator or others, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Site.
3. RESTRICTIONS ON USE
- Concerning your usage of this Site or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (iii) post or send to the Site any information that contains a computer virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit into or on the Site any information in violation of another party's copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large burden on Educator's infrastructure or resources; (vii) redeliver any of the Content using "framing", hyperlinks, or other technology without the express written permission of Educator; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
- You acknowledge that Educator has the right, but no obligation, to monitor the Site and to disclose any information necessary to operate the Site, to protect Educator, and the customers and/or business alliances of Educator, and to comply with legal obligations or governmental requests. Educator reserves the right to refuse to post or to remove any information on the Site, in whole or in part, for any reason.
4. YOUR SITE ACTIVITIES
If you are allowed access to password-protected areas of the Site, you agree to keep your password confidential, and to send notice to Educator within 24 hours if your password is compromised.
In the event you cease your activities as an employee of your current employer being a customer/business alliance of Educator, you will cease immediately any access to the Site. You will be liable for any damages/costs in the event of any breach of this obligation according Article 9a; furthermore Educator will seek an indemnification from the former customer/business alliance.
You acknowledge that Educator neither endorses nor is affiliated with any linked site and is not responsible for any information that appears on the linked site. You acknowledge that (i) the internet is a network of computers worldwide, and that any information submitted by you to Educator necessarily is routed via third party computers to Educator, (ii) Educator is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
5. SUBMISSIONS OF INFORMATION BY YOU
If you submit information to the Site, you grant Educator a non- exclusive, worldwide, royalty-free license for an unlimited period to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. No Information you submit shall be deemed confidential. However, Educator agrees to use your information in accordance with the privacy policy of Educator applicable to personally identifiable user data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IF ANY AND AS FAR AS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO EDUCATOR.
6. APPLICABILITY & COOPERATION
Educator reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Educator in its sole discretion may add, delete or change the Content at any time, without notice to you.
7. LIMITED WARRANTY AND DISCLAIMER
- DISCLAIMER OF WARRANTY: EDUCATOR AND ALL CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY EDUCATOR RELATING TO YOUR USAGE OF THE SITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USAGE OF THE SITE AND SITE-RELATED SERVICES.
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL EDUCATOR AND ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
8. CONTACTING EDUCATOR.
Should you desire to contact Educator please have a look at our Contact information on the home page.
9. MISCELLANEOUS
- Equitable Relief: You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Educator or others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Educator and others will be entitled to injunctive relief for any breach of this Agreement.
- Severability: In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: This Agreement constitutes the entire agreement between you and Educator pertaining to the subject matter hereof. You agree to review this Agreement prior to any usage of the Site, and each usage of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Educator at any time without notice, by posting a revised Agreement on the Site.
- Termination: This Agreement may be terminated by either party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all access and usage of the Site and, upon request by Educator, to return all information in your possession relating to the Site, and all copies thereof.
- Survival of Certain Provisions: Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
- Waiver: No delay or omission to exercise any right or remedy accruing to Educator upon any breach or default by you shall constitute a waiver by Educator of any breach or default.
- Conflicts: If this Agreement conflicts with a provision of any other contract between you and Educator relating to the Site, the provision in such other Agreement shall govern.
10. COMPLIANCE WITH LAWS
You shall be responsible for complying with all applicable governmental regulations of The Netherlands and any foreign country (where applicable) with respect to the use of the Site. You shall defend, indemnify and hold Educator harmless from and against any and all liabilities arising out of the non-compliance with applicable governmental regulations.
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