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SERVICE AGREEMENT		IMPORTANT - READ CAREFULLY BEFORE PROCEEDING READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO CLICKING THE "SIGN ME UP" BUTTON, BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("The Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY Teachers Online. IF Subscriber IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE Subscriber IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE Subscriber SHOULD PROMPTLY EXIT FROM THIS WEB PAGE. Teachers Online RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. 1. GRANT OF RIGHTS TO USE SERVICES •Effective upon acceptance of this Agreement, TEACHERS ONLINE hereby grants to Subscriber a nonexclusive, nontransferable, free-of-charge license to access and use the Services, for Subscriber's use. •Subscriber shall have no right to neither sell use of the Services nor make any claim that it does have such right. •The Services will allow Subscriber to perform various functions posting job orders and searching for teacher candidates. •The Service will allow Subscriber to order pre-designed Banners for advertisement purposes. •Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection to the World Wide Web and phone service charges. 2. SUBSCRIBER REGISTRATION •Subscriber will provide all relevant data to TEACHERS ONLINE upon signing up for the Services and at subsequent times as requested by TEACHERS ONLINE. •Subscriber acknowledges that TEACHERS ONLINE may distribute the registration data to third parties, provided, however, Subscriber's name, address (home and email) and telephone number will not be distributed, unless required by law, or in the event Subscriber grants TEACHERS ONLINE the right to provide that information. •Subscriber shall update the registration data as applicable. •Upon completion of all registration information and acceptance of this Agreement, Subscriber will establish a UserName and Password. •Subscriber is solely responsible for maintaining the confidentiality of Subscriber's UserName, Password, Mailbox Numbers and Personal Identification Number (PIN). •Subscriber shall not give account information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscriber's account. •Subscriber shall immediately notify TEACHERS ONLINE if any unauthorized use of Subscriber's account has occurred or of any other breach of security. •Please refer to our Privacy Policy for more details. •Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of TEACHERS ONLINCE services originating from Subscriber's account by Subscriber or others. 3. REACH THEM NOW 'S RIGHTS •TEACHERS ONLINE shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to. Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and no use of trademarks is granted under this Agreement. The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement. •Subscriber may not grant any sub-license, leases or other rights in the Services to any third party. •All rights not expressly granted under this Agreement are retained by TEACHERS ONLINE. 4. TERMINATION •Either party may terminate this Agreement upon notice to the other party. •TEACHERS ONLINE reserves the right to suspend, deny or terminate Subscriber's service if TEACHERS ONLINE, at its sole discretion, believes Subscriber is using or plans to use TEACHERS ONLINE services in a manner that is unlawful, abusive, prohibited by the TEACHERS ONLINE Terms of Service or if Subscriber's use or planned use of TEACHERS ONLINE services creates or could create a potential adverse impact to TEACHERS ONLINE'S ability to provide service to others. •Upon termination, Subscriber shall immediately cease to use the Services and TEACHERS ONLINE shall have no further obligations whatsoever to Subscriber. •TEACHERS ONLINE shall not be liable to the Subscriber or any third party for any reason for TEACHERS ONLINE terminating this Agreement. 5. LIMITATION OF LIABILITY •In no event shall TEACHERS ONLINE be liable to Subscriber or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. •TEACHERS ONLINE’S liability for damages, regardless of the form of the action, shall not exceed the license fee paid by Subscriber for the Services, if any. •The limitation of liability reflects the allocation of risk between the parties. •The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. 6. WARRANTY DISCLAIMER •The Services licensed hereunder are licensed "as is" and "as available" and TEACHERS ONLINE makes no warranties, express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States or any state thereof. •TEACHERS ONLINE makes no representations or warranties that the services are free of rightful claims of any third party for infringement of proprietary rights. •The entire risk associated with the use of the Services shall be borne solely by Subscriber. •TEACHERS ONLINE makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. •All purchases are final. Unused balances are nonrefundable. •TEACHERS ONLINE does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Service. •TEACHERS ONLINE does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. •Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber's sole risk and discretion and TEACHERS ONLINE will not be liable or responsible for any damage to Subscriber or Subscriber's property. •Subscriber will not rely on any representation or warranty implied or expressed by any persons other than an authorized member of TEACHERS ONLINE LLC with regards to TEACHERS ONLINE products and services. 7. INDEMNIFICATION •Subscriber shall indemnify and hold harmless TEACHERS ONLINE, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and any breach of the terms and conditions of this Agreement by Subscriber including any violation of this agreement by subscriber or any other person using subscribers account including but not limited to any violation of any federal or state laws or regulations. 8. MODIFICATION TO SERVICES •During the term of this Agreement, TEACHERS ONLINE may modify or discontinue the Services. •TEACHERS ONLINE shall not be liable to the Subscriber or any third party for any reason for TEACHERS ONLINE’S modifying or terminating of such Services. •The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Service prior to storing on the TEACHERS ONLINE system. 9. MODIFICATION TO AGREEMENT •TEACHERS ONLINE may automatically amend this Terms of Service Agreement at any time by (i) sending information regarding the Terms of Service amendment to the email address Subscriber provides to TeachersOnline.com. Subscriber is responsible for regularly reviewing the TeachersOnline.com Web site to obtain timely notice of such amendments. •Subscribers will be deemed to have accepted these amended TEACHERS ONLINE Terms of Service if Subscriber continues to use TEACHERS ONLINE service after such amended Terms of Service have been posted or information regarding such amendment has been sent to Subscriber. Otherwise, this Terms of Service Agreement may not be amended except in writing signed by both parties. 10. RULES AND REGULATIONS •TEACHERS ONLINE has no control over the content of any transmission or the destination such transmission will be sent nor will it be liable for such content. •Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal. •Further, Subscriber will abide by all rules, regulations, procedures and policies of TEACHERS ONLINE and any policies of the networks connected to the Services. •Subscriber is aware, knows and understands the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to subscriber’s use of TEACHERS ONLINE. Subscriber agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of TEACHERS ONLINE will not cause TEACHERS ONLINE to violate these or similar laws. •Subscriber is aware or knows and understands the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. Subscriber agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of TEACHERS ONLINE will not cause TEACHERS ONLINE to violate these or other similar laws. •Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that TEACHERS ONLINE will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by State and/or Federal laws. •Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. •Please refer to the appropriate State Attorney General's office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Service. •Currently there are no numerical limits to the amount of transactions a Subscriber may send through the Services, however, TEACHERS ONLINE may set numerical limits by notifying Subscriber. Subscriber agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's UserName and Password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to: •Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming. •Create a false identity or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. •Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity. Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. •Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service. •Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. •Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. •Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. 11. THIRD PARTY ADVERTISER •Subscribers may enter into transactions with advertisers on the Services. Such transactions are between Subscriber and advertisers and TEACHERS ONLINE has no connection with any such transaction. •TEACHERS ONLINE assumes no liability for any such transactions. 12. GENERAL •This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. •In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. •All notices under this Agreement shall be in writing and delivered by email. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws and/or provisions. TEACHERS ONLINE and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Florida. •Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause TEACHERS ONLINE irreparable harm and TEACHERS ONLINE may obtain injunctive relief as well as seek all other remedies available to REACH THEM NOW in law and in equity. •Subscriber shall not assign its rights under this Agreement. This Agreement shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns and legal representatives. •The failure of TEACHERS ONLINE to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it any way affect the validity of this Agreement. Sections 5, 6, and 7 shall survive termination or expiration of this Agreement for any reason.
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