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SERVICE AGREEMENT
1. General Terms. The following Terms and Conditions form a binding Agreement between you and Teachers Online. Your use of the Teachers Online website indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Teachers Online website. When you accept this Agreement and complete the Teachers Online registration process, you become the account holder, and Teachers Online provides you with a limited, non-exclusive license for no more than the term of your membership. Teachers Online may revise the Agreement at any time by updating this page. Changes to the Agreement will also be binding on you. Any use of the Teachers Online website or its services will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Agreement unacceptable, you should no longer use the Teachers Online website. The use of Teachers Online and its services is a privilege. Teachers Online reserves the right to suspend that privilege on an individual basis for any reason at any time, in its sole discretion. 2. Definitions. For the purposes of this Agreement, the following definitions apply: a) Content: includes all Text, Graphics, Design and Programming used on Teachers Online. b) Text: includes all text on every page of Teachers Online, whether editorial, navigational, or instructional. c) Graphics: includes all logos, buttons, and other graphical elements Teachers Online, with the exception of paid advertising banners. d) Design: includes the color combinations and the page layout of Teachers Online. e) Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) on Teachers Online. f) Document: refers to any posting to Teachers Online, whether job, profile or résumé. g) User: refers to any individual who uses any aspect of Teachers Online or its services. 3. Intellectual Property Rights. All Content on the Site is the sole property of Teachers Online, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. 4. Acceptable Use of the Site. The Teachers Online and its services are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. Teachers Online may be used only for lawful purposes within this stated context of intended and acceptable use. Teachers Online is the sole interpreter of its intended and acceptable use. 5. Conditions. As condition of your use of the Teachers Online website you represent, warrant and agree to the following statements, rules and conditions: a) You understand that a Document posted on Teachers Online, which may or may not contain personal contact information, can potentially be viewed by any User and that posting of any confidential information is at the User's sole discretion. b) You maintain sole responsibility for your User information and password, and you are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Teachers Online you risk losing your access to the service. You agree to notify Teachers Online immediately of any unauthorized use of your registration and password. c) Your Document must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. d) You may not use your Document to impersonate another person, living or dead; to post false, inaccurate or misleading information; to post advertisements or solicitations of business; or anything requiring a monetary investment by a User. e) Job postings must be individual openings for traditional, W-2 or 1099 employees. Profiles and/or resumes must contain accurate information of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. f) Your Document may not contain URLs or links to websites; copyrighted material; anything sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; anything offensive or embarrassing another person or entity; trade secrets; information that infringes on any other intellectual property rights, privacy or publicity rights of others. g) You may not delete or revise any material posted by any other User, person or entity. h) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected. Communications soliciting the employer's business by our competitors are prohibited. i) You may not send unsolicited commercial email to Teachers Online Users. Teachers Online is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. Users who violate these Conditions may be denied access to Teachers Online. Teachers Online is the sole interpreter of the Conditions. 5. Disclaimers and Limitations on Teachers Online's Liability. a) Teachers Online assumes no responsibility for Documents posted by Users of Teachers Online. By accepting these Terms and Conditions, you assume sole responsibility for the Documents you post on Teachers Online and for your conduct on or off the site. b) Teachers Online assumes no responsibility for the activities or conduct of Users. Nothing on Teachers Online shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, employment or recruiting practices, or otherwise. Teachers Online makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You acknowledge that any reliance on Documents posted by Users of Teachers Online, or on any other form of communication with Users of Teachers Online, will be at your own risk. c) Teachers Online makes no representations or guarantees regarding the Content of the Teachers Online, including, but not limited to, broken links, inaccuracies or typographical errors. d) Teachers Online makes no representations or guarantees regarding the accuracy, reliability, completeness or timeliness of the Teachers Online or its Content. By accepting these Terms and Conditions, you agree to use the Teachers Online at your own risk. e) Teachers Online makes no representations or guarantees regarding the effectiveness or timeliness of the Teachers Online or its Content in meeting the employment objectives of Users. Teachers Online does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, which are made by any User. f) Teachers Online may change the Teachers Online website at any time. 6. Warranty. TEACHERS ONLINE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Teachers Online IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THE Teachers Online WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TEACHERS ONLINE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Teachers Online MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL Teachers Online OR ADVERTISERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, Teachers Online AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Teachers Online IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Teachers Online'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. 7. Links to Other Sites. Teachers Online contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Teachers Online of the contents on such third-party websites. Teachers Online is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. 8. Indemnity. You agree to defend, indemnify, and hold harmless Teachers Online, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Teachers Online, the Content, any Document posted by you, or your breach of these Terms and Conditions. Teachers Online shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. 9. User Information. Teachers Online may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Teachers Online, for its internal business and marketing purposes and may disclose the information to third parties for such purposes. In addition, Teachers Online reserves the right to comply, in its sole discretion, with legal requirements or requests relating to your use of Teachers Online or its services or information you provide while using Teachers Online or its services or which is provided to you or otherwise gathered by Teachers Online with respect to such use. 10. Law & Legal Notices. Teachers Online is based in Palm Beach County, Florida. The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Teachers Online from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the state of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Palm Beach County, Florida. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Teachers Online with respect to the use of the Teachers Online website. You understand and agree that, due to the nature of these Terms and Conditions, in addition to money damages, Teachers Online will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
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