EDUITY TERMS OF SERVICE
These Terms of Service constitute an agreement (this “Agreement”) by and between Eduity, LLC, a Tennessee limited liability company (“Eduity”) and you (“Customer”).
- Eduity does not charge for job-maps; it is a free, no-fee online tool for this identifying what needs to be done, when and where.
- Other optional for-fee services will be offered to Eduity users in the future.
- The data is yours, we just make it easy for to gather it and share it, or not.
- You—not Eduity—are responsible for your behavior and content.
- Service & Payment.
- Service. Eduity provides the services available through the Eduity website and interface (“the Service”) to Customer solely pursuant to this Agreement, and all Exhibits hereto.
- Payment. Customer will pay Eduity such monthly Service fees as are required for Customer’s Account, due on the day before the start of the calendar month of Service.
- Accounts. Any person may become an Eduity Customers by creating a free user account through the Eduity interface to access and create an Eduity job-map.
- Data Management.
- Eduity Customer’s input personal, professional, and organizational information as they build job-maps, and perform other functions of the Service (“Customer Data”). Customer grants to Eduity a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Service and Eduity's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service and derivative works thereof.
- Unless the Customer chooses to share, make available, or make public specific or identifying information about Customer, all Customer Data accessible to third parties will be in an aggregated and anonymous form only.
- Unless it receives Customer’s prior written consent, Eduity and its employees: (i) will not access or use Customer Data other than as necessary to facilitate the Service; and (ii) will not give any third party access to Customer Data, except as described in subsection 2(b) above. Notwithstanding the foregoing, Eduity may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Eduity will give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.
- Customer’s Rights. Customer retains ownership in and to Customer Data, subject to Eduity’s use and possession pursuant to the license above. Customer may access and copy any Project Data in Eduity’s possession at any time, through the Eduity interface.
- Retention. Pursuant to the license above, Eduity reserves the right to retain all Customer Data.
- Technical & Physical Security. Eduity uses HTTPS and encryption to ensure data doesn't get hijacked. Our password implementation is also encrypted, and users are encouraged to make their own passwords as secure as possible. Our servers are kept up-to-date with latest security measures. We also have a layer of defense against DDOS (distributed denial of service) attacks.
- Compliance with Law & Policy. Eduity will comply with all applicable federal and state laws and regulations governing the handling of Project Data.
- Software, & IP.
- Interface elements. Customer recognizes and agrees that: (i) the written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by Eduity, another customer of the Service, or any other third party are the property of Eduity or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) Customer does not acquire any right, title, or interest in said material except the limited and temporary right to use them as necessary for Customer’s use of the Service.
- IP in General. Eduity retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Customer any intellectual property rights in or to the Service or any of its components.
- Online Policies.
- Acceptable Use Policy. Customer will to comply with the Acceptable Use Policy (“AUP”) attached as Exhibit A. In the event of Customer’s material breach of the AUP, including without limitation any copyright infringement, Eduity may suspend or terminate Customer’s access to the Service, in addition to such other remedies as Eduity may have at law or pursuant to this Agreement. Neither this Agreement nor the AUP requires that Eduity take any action against Customer or any other customer for violating the AUP, but Eduity is free to take any such action it sees fit.
- Disclaimer and Limitation of Liability.
- THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND EDUITY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) EDUITY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Eduity does not warrant that the Service will perform without error or immaterial interruption.
- IN NO EVENT: (a) WILL EDUITY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED A SINGLE MONTH’S SERVICE FEE CHARGED UNDER THIS AGREEMENT; AND (b) WILL EDUITY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 6 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF EDUITY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7, Eduity’s liability will be limited to the maximum extent permissible.
- Term & Termination.
- Term. This Agreement will continue month to month following the Effective Date unless either party notifies the other of its intent not to renew 15 or more days before the beginning of the next month.
- Effects of Termination. The following provisions will survive termination of this Agreement: (i) any obligation of Customer to pay for Service rendered before termination; (ii) Sections 2, 4, 5 and 6 of this Agreement; and (iii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.
- Notices. Eduity may send notices pursuant to this Agreement to Customer’s contact points listed in Customer’s Account. Customer may send notices pursuant to this Agreement to [email protected].
- Amendment. Eduity may amend this Agreement (including the Exhibits) from time to time by posting an amended version at its website and sending Customer written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice.
- No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
- Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
- Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent.
- Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Tennessee, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Chattanooga, Tennessee.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings.
EXHIBIT A: ACCEPTABLE USE POLICY
A. Unacceptable Use
Eduity requires that all customers and other users of Eduity’s Service conduct themselves with respect for others. In particular, please observe the following rules in your use of the Service:
- Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
- Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
- Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
- Hacking, Viruses, & Network Attacks: Do not access any other person’s or organization’s account without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of the Service. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
- Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
- Fraud: Do not post any misleading or fraudulent information to the Service. Do not mislead anyone about the details or nature of your participation in the Service. Do not commit fraud in any other way.
- Violations of Law: Do not violate any law in conjunction with your use of the Service.
B. Consequences of Violation
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Eduity reserves the right to take any other remedial action it sees fit.
C. Reporting Unacceptable Use
Eduity requests that anyone with information about a violation of this AUP report it via an e-mail to the following address: [email protected]. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
D. Revision of AUP
Eduity may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.
A. PII We Collect
All of the information collected by Eduity is potentially PII. We also use “cookies” to collect certain information from all users, including website visitors who don’t buy anything through our Website. A cookie is a string of data our system sends to your computer and then uses to identify your computer when you return to our Website. Cookies give us usage data, like how often you visit, where you go at the site, and what you do.
B. Our Use of PII
Eduity uses the information collected from the Customer for the purposes of providing the analytical tools to workforce development intermediaries and supporters. All data collected by Eduity from Free Accounts will be aggregated and anonymized to prevent any unauthorized user from accessing the same. We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer you additional products and services, and to bill you. We also use that information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.
C. Protection of PII
We employ the following data security measures described in Eduity Terms of Services §2(f) to protect Personally Identifiable Information. Unfortunately, even with these measures, we cannot guarantee the security of PII. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.
D. Contractor and Other Third Party Access to PII
We give certain independent contractors access to Personally Identifiable Information. Those contractors assist us with data analysis and management, infrastructure maintenance, software development, security. All those contractors are required to sign contracts in which they promise to protect PII using procedures reasonably equivalent to ours. (Users are not third party beneficiaries of those contracts.) We also may disclose PII to attorneys, collection agencies, or law enforcement authorities to address potential AUP violations, other contract violations, or illegal behavior. And we disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.
As noted above, we compile Website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they don’t include PII.
E. Accessing and Correcting Your PII
You can access and change any Personally Identifiable Information we store through your “My Account” page.
Eduity will promptly notify Customer of any actual or potential exposure or misappropriation of PII (any “Leak”) that comes to Eduity’s attention. Eduity will cooperate with Customer and with law enforcement authorities in investigating any such Leak, at Eduity’s expense. Eduity will likewise cooperate with Customer and with law enforcement agencies in any effort to notify injured or potentially injured parties, and such cooperation will be at Eduity’s expense, except to the extent that the Leak was caused by Customer. The remedies and obligations set forth in this Subsection are in addition to any others Customer may have.