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HCESC Online Course Terms and Conditions of Use
Please read this document carefully. This is a legal agreement between you
and the Governing Board of the Hamilton County Educational Service Center
("ESC") that governs your use of any ESC online course and any associated
software code, documentation or other materials made available by ESC
(collectively referred to in this Agreement as the "Online Course").
If you do not agree to be bound by the terms and conditions of this
Agreement, click on the "DO NOT ACCEPT AGREEMENT" button below.
1. Payment Methods. If payment is required for an Online Course, ESC shall
only accept checks, purchase orders, VISA, and MasterCard. All funds must be
in U.S. dollars only.
1.1 Refunds. You may request a refund by contacting the ESC at its
administrative offices. No refund is available once an Online Course has
been accessed by you or your account.
2. License.
2.1 You are granted a nonexclusive, nontransferable, limited license to
access and use the Online Course for the duration of time for which the
applicable fees, if any, have been paid.
2.2 You are granted a nonexclusive, nontransferable, limited license to
print out materials from the Online Course solely for your own, individual
use. You may not copy, distribute or otherwise share with others the
materials you have printed out.
3. Restrictions. The Online Course is licensed to only you. In no event may
you share your login, password or use of the Online Course with another
person, or transfer, rent, sell, or otherwise dispose of the Online Course
on a temporary or permanent basis without the prior written consent of ESC.
In no event may an Online Course be shown to an audience or projected for
multiple people to view unless otherwise agreed to in writing with ESC.
4. Ownership of Online Course. All right, title, and interest (including all
copyrights and other intellectual property rights) in the Online Course in
both print and machine readable form belongs to ESC or its licensors or
suppliers. You acquire no proprietary interest in the Online Course or
copies thereof.
4.1 Except as specifically provided in Sections 2.1 and 2.2, you are
prohibited from downloading, storing, reproducing, transmitting, displaying,
publishing, copying, distributing or using the Online Course. You may not
modify, adapt, translate or create derivative works of the Online Course
except in accordance with this Agreement or with the prior written consent
of ESC. You may be held legally responsible for any infringement that is
caused or encouraged by your failure to abide by the terms of this
Agreement.
4.2 You may not remove, redact or otherwise obscure the copyright, trademark
or other notices contained in the Online Course.
5. Technical Support. You may contact ESC during regular business hours by
telephone, email or fax if you experience difficulties connecting to or
using technical features of the Online Course during the period of time for
which you have paid the applicable Online Course fees.
6. Content Support. ESC provides no support for questions related to the
content of the Online Course. ESC does, however, encourage your
content-related feedback, and will forward feedback and inquiries to the
Online Course content developer.
7. Limited Warranty.
7.1 ESC represents and warrants that it has the right and authority to make
the Online Course available to you.
7.2 While ESC endeavors to make web access to the Online Course available to
you 24 hours per day, 7 days per week except for regularly scheduled
downtime periods, ESC reserves the right to change its availability policy
from time to time, and ESC does not warrant that the Online Course will be
uninterrupted, nor does it warrant any particular feature of the Online
Course. ESC personnel are available to maintain and/or repair the Online
Course only during regular business hours.
7.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION 7.1, THE ONLINE COURSE AND ANY
SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND ESC AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM
ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY ESC, ITS DEALERS, DISTRIBUTORS,
AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH
INFORMATION OR ADVICE.
8. User Obligations.
8.1 You hereby represent and warrant that the information you have provided
on the customer information or registration form is true and accurate.
8.2 You are entirely responsible for any and all activities that occur under
your account, and you are responsible to oversee and protect against
unauthorized or unlawful use of or access to the Online Course. You shall
notify ESC immediately of any unauthorized use of your account or any other
breach of security.
8.3 To the extent permitted by law, you will indemnify and hold harmless ESC
and its licensors or suppliers against any and all judgments, settlements,
penalties, costs and expenses (including attorneys' fee) paid or incurred in
connection with claims due to, resulting from or arising in connection with
your actions or negligence, including but not limited to those attributable
to any breach of this agreement or any infringement, misappropriation or
violation of any copyrights, intellectual property rights or other
proprietary rights of any third party.
9. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER
ESC NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF ESC IN THE CREATION,
PRODUCTION OR DELIVERY OF THE ONLINE COURSE OR ANY SERVICES PROVIDED IN
CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS
INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR
INABILITY TO USE THE ONLINE COURSE, EVEN IF ESC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ESC OR ITS LICENSORS OR
SUPPLIER'S TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS
AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE COURSE.
10. Miscellaneous.
10.1 Termination. These General Terms and Conditions, including the
Additional Terms, may be changed from time to time as described below or by
written agreement. Charges and payment terms may be changed from time to
time; all other provisions may be changed by ESC immediately upon notice.
All current subscribers to the Online Course will be notified of any such
changes by e-mail. Continued use of the Online Course following any change
constitutes acceptance of the change.
10.2 Choice of Law and Forum. This Agreement shall be governed by the laws
of the State of Ohio without regard to that body of law known as conflicts
of law, and excluding the United Nations Convention on Contracts for the
Sale of Goods. You agree that any dispute arising under this Agreement shall
be brought solely and exclusively in a court of competent jurisdiction
located in the state of Ohio, USA, and agree to submit to personal
jurisdiction in the State of Ohio for that purpose.
10.3 Transferability. You may not assign your rights to access and use the
Online Course without the prior written consent of ESC.
10.4 Complete Agreement. These General Terms and Conditions, and any
Additional Terms constitute the complete and exclusive statement of the
terms of the agreement regarding the Online Course between you and ESC. It
supersedes and replaces any previous or contemporaneous written or oral
agreements and communications relating to the Online Course.
10.5 Waiver/Modification. No waiver or modification of the terms of this
Agreement shall be effective unless ratified in writing and signed by both
you and ESC. This Agreement will not be amended or modified by the terms of
any purchase order or acknowledgement, regardless of whether ESC may have
accepted or signed the same. Any party's failure to enforce the provisions
of this Agreement shall not constitute or be construed as a waiver of any
other provisions or rights.
10.6 Severability. If for any reason a court of competent jurisdiction finds
any provision of this Agreement, or portion thereof, to be unenforceable,
that provision of the Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of
this Agreement shall continue in full force and effect.
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