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SERVICE AGREEMENT
1. General Terms. The following Terms and Conditions form a binding Agreement between you and TeachersOnline.com. Your use of the TeachersOnline.com website indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the TeachersOnline.com website. When you accept this Agreement and complete the TeachersOnline.com registration process, you become the account holder, and TeachersOnline.com provides you with a limited, non-exclusive license for no more than the term of your membership. TeachersOnline.com 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 TeachersOnline.com 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 TeachersOnline.com website. The use of TeachersOnline.com and its services is a privilege. TeachersOnline.com 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 TeachersOnline.com. b) Text: includes all text on every page of TeachersOnline.com, whether editorial, navigational, or instructional. c) Graphics: includes all logos, buttons, and other graphical elements TeachersOnline.com, with the exception of paid advertising banners. d) Design: includes the color combinations and the page layout of TeachersOnline.com. e) Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) on TeachersOnline.com. f) Document: refers to any posting to TeachersOnline.com, whether job, profile or résumé. g) User: refers to any individual who uses any aspect of TeachersOnline.com or its services. 3. Intellectual Property Rights. All Content on the Site is the sole property of TeachersOnline.com, 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 TeachersOnline.com and its services are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. TeachersOnline.com may be used only for lawful purposes within this stated context of intended and acceptable use. TeachersOnline.com is the sole interpreter of its intended and acceptable use. 5. Conditions. As condition of your use of the TeachersOnline.com website you represent, warrant and agree to the following statements, rules and conditions: a) You understand that a Document posted on TeachersOnline.com, 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 TeachersOnline.com you risk losing your access to the service. You agree to notify TeachersOnline.com 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 TeachersOnline.com Users. TeachersOnline.com 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 TeachersOnline.com. TeachersOnline.com is the sole interpreter of the Conditions. 5. Disclaimers and Limitations on TeachersOnline.com's Liability. a) TeachersOnline.com assumes no responsibility for Documents posted by Users of TeachersOnline.com. By accepting these Terms and Conditions, you assume sole responsibility for the Documents you post on TeachersOnline.com and for your conduct on or off the site. b) TeachersOnline.com assumes no responsibility for the activities or conduct of Users. Nothing on TeachersOnline.com 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. TeachersOnline.com 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 TeachersOnline.com, or on any other form of communication with Users of TeachersOnline.com, will be at your own risk. c) TeachersOnline.com makes no representations or guarantees regarding the Content of the TeachersOnline.com, including, but not limited to, broken links, inaccuracies or typographical errors. d) TeachersOnline.com makes no representations or guarantees regarding the accuracy, reliability, completeness or timeliness of the TeachersOnline.com or its Content. By accepting these Terms and Conditions, you agree to use the TeachersOnline.com at your own risk. e) TeachersOnline.com makes no representations or guarantees regarding the effectiveness or timeliness of the TeachersOnline.com or its Content in meeting the employment objectives of Users. TeachersOnline.com 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) TeachersOnline.com may change the TeachersOnline.com website at any time. 6. Warranty. TeachersOnline.com 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, TeachersOnline.com IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THE TeachersOnline.com WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TeachersOnline.com, 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. TeachersOnline.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL TeachersOnline.com 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, TeachersOnline.com AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TeachersOnline.com 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 TeachersOnline.com'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. 7. Links to Other Sites. TeachersOnline.com contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TeachersOnline.com of the contents on such third-party websites. TeachersOnline.com 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 TeachersOnline.com, 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 TeachersOnline.com, the Content, any Document posted by you, or your breach of these Terms and Conditions. TeachersOnline.com 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. TeachersOnline.com may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the TeachersOnline.com, for its internal business and marketing purposes and may disclose the information to third parties for such purposes. In addition, TeachersOnline.com reserves the right to comply, in its sole discretion, with legal requirements or requests relating to your use of TeachersOnline.com or its services or information you provide while using TeachersOnline.com or its services or which is provided to you or otherwise gathered by TeachersOnline.com with respect to such use. 10. Law & Legal Notices. TeachersOnline.com 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 TeachersOnline.com 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 TeachersOnline.com with respect to the use of the TeachersOnline.com website. You understand and agree that, due to the nature of these Terms and Conditions, in addition to money damages, TeachersOnline.com will be entitled to equitable relief upon a breach of these Terms and Conditions by you. 11. Charges, Billing and Free Trial TeachersOnline.com reserves the right to offer certain Users free access to the TeachersOnline.com website. The Users offered free access will be defined on a non-discriminatory basis. For those Users billed for service, TeachersOnline.com reserves the right to change our fees or billing methods at anytime. TeachersOnline.com also has the right to collect applicable taxes and impose premium surcharges for some areas of service. If you don't like the changes in TeachersOnline.com's fees or billing methods, you should no longer use the TeachersOnline.com website. However, TeachersOnline.com will not refund any remaining portion of a collected fee when you cancel your membership. If you have joined TeachersOnline.com as a trial member, you should understand that your trial membership is subject to the terms and conditions of the trial promotion in effect upon your initial sign-on. Users are allowed only one trial membership. As a User, you are responsible for charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. Some third party websites charge separate fees, which are not included in the cost of your TeachersOnline.com membership. TeachersOnline.com provides access to third party accounts strictly as a courtesy to it's Users. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your TeachersOnline.com membership. TeachersOnline.com may offer it's Users a variety of options to pay their monthly charges. These include, but are not limited to, direct invoice or credit card processing. For those User's opting direct invoice, PAYMENT IS DUE UPON RECEIPT. If payment is not received within 30 (thirty) days, TeachersOnline.com reserves the right to suspend and/or cancel your account until such time payment is received. You are responsible and liable for any fees, including attorney and collection fees, that TeachersOnline.com may incur in it's efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your account or if TeachersOnline.com terminates your account. You should let us know about any billing problems or discrepancies within 30 (thirty) days after they first appear on your billing statement. If you do not bring them to TeachersOnline.com within this 30 (thirty) days, you agree to waive your right to dispute such problems or discrepancies.
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