1. ACCEPTANCE OF TERMS
By using the Website or registering for a paid account to access Services, you represent that you are at least 18 years of age and otherwise legally competent to accept and be legally bound by this TOU. Although users of the website and subscribers of paid Services offered must be at least 18 years of age and otherwise legally competent to accept and be legally bound by this TOU, a parent or legal guardian of a minor may designate a minor who has permission to access the Website and Services, and by doing so, consent to such minor’s use of the Website and Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by this TOU, and assume full responsibility and liability associated with any failure of compliance with the TOU in connection with said minor’s use of any of the Services.
You understand that all postings, information, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. All Content posted by you shall remain your sole and exclusive property. You understand that MCI does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other websites, which are completely independent of the Website. MCI makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MCI be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MCI does not pre-screen or approve Content, but that MCI shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
You acknowledge that Content is not a substitute for the advice or feedback from professional guidance counselors. MCI recommends that you use the Services and the Content under the supervision of, and in connection with, a professional guidance counselor.
You understand and acknowledge that “Insiders” on the Website are independent contractors of MCI and are solely responsible for any Content provided by them.
The Website may offer users the ability to rate or leave comments regarding Content posted to the Website. You may make “comments” throughout the Website, sharing your opinions about others’ content or send messages to individual users, as applicable. Rating and comments are offered for, non-commercial use only.
As with all Services, your privilege to create ratings and comments and to participate in any Website forums is dependent on your continued compliance with this TOU. MCI may revoke your privileges, terminate your registration/account or take any other measures deemed by MCI to be appropriate, in its sole discretion, to enforce this TOU if violations are brought to our attention.
You hereby grant MCI a nonexclusive and royalty-free right and license to use, copy, perform, display, and distribute said Data and to prepare derivative works of Content that you post, email or otherwise make available via the Service, solely for the purpose of providing the Services. You agree to indemnify and hold MCI harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) arising out of any use or disclosure of Content permitted hereunder.
The Website, the Content and the Services are not associated with, nor endorsed by, any college or university that may be listed on the Website.
3. THIRD PARTY CONTENT, SITES, AND SERVICES
The Website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MCI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that MCI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MCI its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
4. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MCI for notice of claims of copyright or other intellectual property infringement at email@example.com. MCI will remove the infringing posting(s).
5. PRIVACY AND INFORMATION DISCLOSURE
6. ACCESS TO THE SERVICE
MCI grants you a limited, revocable, nonexclusive right to access the Service for your own personal use; provided, however, that such right does not include access to any paid Services unless paid for by you in advance. This right does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MCI.
Use of the Service beyond the scope of authorized access granted to you by MCI immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from MCI.
7. TERMINATION OF SERVICE
You agree that MCI, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MCI believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MCI shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. The terms of this TOU shall remain in effect after any such termination, provide that you shall have no license to access Content or Services thereafter.
8. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MCI. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MCI, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITES AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MCI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITES AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MCI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITES OR THE WEBSITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MCI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITES OR THE SERVICE.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MCI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITES OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITES OR THE SERVICE, FROM INABILITY TO USE THE WEBSITES OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITES OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR THE SERVICE OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR THE SERVICE OR ANY LINKS ON THE WEBSITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold MCI, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. GENERAL INFORMATION
13. COPYRIGHT AND TRADEMARK NOTICE
Copyright to the Website is owned by MCI. The content displayed on the Website, including but not limited to the Website’ look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively “MCI Content”), is either the property of, or used with permission by MCI and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the MCI Content belong to MCI. The compilation (meaning the collection, arrangement and assembly) of all MCI Content on this website is also the exclusive property of MCI and protected by U.S. and international copyright laws.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any MCI Content. You may not modify, adapt, reverse engineer or in any way exploit any of the MCI Content in whole or in part, except as expressly stated otherwise in the TOU. Any unauthorized use of the MCI Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.
The trademarks, service marks, trade names, domain names and logos (“Trademarks”) displayed on this website are either pending, registered or unregistered Trademarks of MCI. You may NOT use any of the Trademarks without express written authorization of MCI.
Some Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use the Website, any Content or portion thereof for failure to comply with this TOU or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
15. PAYMENTS AND REFUNDS
You agree to the following terms in the event you pay a subscription fee for any use of the Service:
You will provide MCI with a valid credit card for payment of the subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes.
No refunds or credits will be issued.
There are no charges for canceling a recurring charge, subscription based Service.
For recurring, subscription based charges, the amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to subscribers or in the form of an announcement on the Website.
16. Community Standards and Conduct Policy
You agree that you are entirely responsible for any Content that you post, email or otherwise transmit to or via the Website or Service, whether publicly posted or privately transmitted, including during your participation in any webinar or online meetup.
You agree to not use the Website or Services to:
● upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
● harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any submission involving the unlawful exploitation of a minor);
● upload, post, email otherwise transmit any Content depicting gratuitous animal cruelty;
● impersonate any person or entity, including, but not limited to, an MCI employee, contractor or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
● forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
● solicit other users of the Website to join or become members of any online or other service;
● upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
● upload, post, email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
● upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
● upload, post, email or otherwise transmit 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;
● disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
● interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;
● intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
● “bully” or otherwise stalk, intimidate or harass another member or user of the Services; or collect or store personal data about other users, or members;