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Terms of Service

Welcome to eAcademics.com, the Internet's premier concept-driven on-line learning center. By visiting and using the eAcademics.com web site (the Site) You acknowledge You have read, understood and agree to be legally bound by the Terms of Service (TOS). Those who do not understand and agree to the TOS should leave the Site immediately.

By using the eAcademics.com site You are making the following representations and warranties:

1.I understand and agree that I am solely responsible for any and all content I post at the Site or that I send to another visitor to the site.

2.I understand and agree that if I use these services in violation of this TOS I may be in violation of local and/or federal laws and I am solely responsible for My actions.

3.I understand and agree that while eAcademics.com has no obligation to monitor posted content, eAcademics.com may review and remove content they deem, in their sole discretion, to be objectionable.

4.I understand and agree to be bound by the TOS every time I log into eAcademics.com, and I understand and agree that eAcademics.com may change this TOS from time to time and that the new TOS will be effective at the moment it is posted. I understand and agree to review the TOS regularly to ensure I am up to date as to its contents.

5.I have read the eAcademics.com Privacy Policy (http://www.eAcademics.com/privacy.php) and understand and agree to abide by its contents.

6.I understand and agree that I am solely responsible for maintaining the confidentiality of the password associated with My use of eAcademics.com and that I am fully responsible for all activities that occur under My password.

7.I understand and agree that I will not use the eAcademics.com web site to:
     a.Post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person's privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that discriminates on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or associational preference.
     b. Impersonate another person or post a photograph of another person as My image;
     c. Stalk or otherwise harass another;
     d. Harm a minor in any way;
     e. Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site.
     f. Post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes;
     g. Promote an illegal or unauthorized copy of another person's copyrighted work;
     h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     i. Use software that automatically creates user identities;
     j. Intentionally or unintentionally violate any applicable local, state, national or international law;
     k. Post a review on a business I own, control or I am employed by;
     l. Post inaccurate or misleading information or pictures; or
     m. Misrepresent a product or service.

8.I understand and agree that I am solely responsible for My interactions with other visitors and that eAcademics.com reserves the right, but has no obligation, to monitor disputes between Me and other visitors.

9.I EXPRESSLY UNDERSTAND AND AGREE THAT:
a.MY USE OF EACADEMICS.COMIS AT MY SOLE RISK. THE EACADEMICS.COM WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACADEMICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.EACADEMICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE EACADEMICS.COM WILL MEET MY REQUIREMENTS; (II) THE EACADEMICS.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EACADEMICS.COM SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE EACADEMICS.COM SITE WILL MEET MY EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EACADEMICS.COM SITE IS ACCESSED AT MY OWN DISCRETION AND RISK, AND I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM EACADEMICS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10.I UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EACADEMICS.COM BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM MY USE OF THE EACADEMICS.COM SITE, EVEN IF EACADEMICS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EACADEMICS.COM LIABILITY TO ME FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ME TO EACADEMICS.COM.

11.I understand and agree that if there is any dispute between Me and eAcademics.com arising out of or related to these Terms of Service or My relationship with eAcademics.com or My use of the Site, the dispute shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration, and that neither party shall be entitled to attorney fees, and that all parties hereby submit to exclusive jurisdiction in the state of California and shall be governed by California law without regard to its conflict of law provisions.

12.I understand and agree to indemnify and hold eAcademics.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of My use of the Site in violation of the TOS or arising from a breach of the TOS or any breach of My representations and warranties set forth in the TOS or if any of the Content that I post on the Site causes eAcademics.com to be liable to another.

13.I understand and agree that the Site may permit the submission of content at the direction of users of the Site (User Content) and the hosting, sharing, and/or publishing of such User Content. I understand and agree that whether or not such User Content is published, eAcademics.com does not guarantee any confidentiality with respect to any submissions. I shall be solely responsible for User Content I submit and the consequences of eAcademics.com posting or publishing such User Content.

14.I understand and agree that the Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the Content). The Content may be owned by eAcademics.com or may be provided through an arrangement eAcademics.com has with others, including other users of the Site, their Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. I understand and agree that I have no rights in or to the Content, and I may not use the Content except as permitted under the Terms of Service. No other use is permitted without prior written consent from eAcademics.com or the owner of the Content. I must retain all copyright and other proprietary notices contained in the original Content on any copy I make of the Content. I may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. I understand and agree that if I violate any part of these Terms of Use, the permission of eAcademics.com to access and/or use the Content and Site automatically terminates and I must immediately destroy any copies I have made of the Content.

15.I understand and agree that various company, product, and service names displayed on the Site may be trademarks or service marks owned by eAcademics.com or owned by others (Trademark). I understand and agree that nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. I understand and agree that the Trademarks may not be used to disparage any applicable party, any of their products or services, or in any manner in which, in the sole judgment of eAcademics.com, may damage any goodwill in the Trademarks.

16.I understand and agree that the Site may contain links to third-party websites (External Sites), and that these links are provided solely as a convenience to me and not as an endorsement by eAcademics.com of the content on such External Sites. I understand that the content of such External Sites is developed and provided by others. If I have any concerns regarding such links or any content located on such External Sites I will contact the site administrator or webmaster for those External Sites.

17.I understand and agree that the Site contains content posted, stored, or displayed at the direction of users of the Site, for which eAcademics.com cannot accept any responsibility or liability.

18.I understand and agree that eAcademics.com reserves the right, in its sole discretion, to remove any posting by Me, or to terminate My access to all or any part of the eAcademics.com services at any time, for any reason, or for no reason, with or without prior notice or explanation, and without liability.

19.I understand and agree that the TOS constitutes the entire agreement between Me and eAcademics.com. I understand and agree that the failure of eAcademics.com to exercise or enforce any right or provision of this TOS shall not operate as a waiver of such right or provision. If any provision, or portion thereof, of this TOS is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, I understand and agree that such invalidity shall not affect the validity of the remaining portions of Agreement and understand and agree that eAcademics.com may substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.


20.The Terms of Service were last updated on January 14, 2009. We reserve the right to revise this policy from time to time without prior notice, so please review the Terms of Service regularly.

 

Digital Millennium Copyright Act
As provided for in the Digital Millennium Copyright Act; If You feel any content on this web site violates Your copyrights please contact our designated agent:

eAcademics
P.O. Box 5742
Palm Sprigings, CA 92263-5742
Fax: 909-962-6260#

by fax or regular U.S. mail (not by email) with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once We have received Your complaint We will:

  1. Remove or disable the identified infringing material (but maintain a copy for later use);
  2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
  3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.

Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax or regular U.S. mail (not email) that includes substantially the following:

  1. A physical or electronic signature of the subscriber.
  2.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber\\\'s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.

Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.