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Terms Of Service
Last Updated: May 9, 2024
Overview
The Educate NY World Wide Web site (the "Site"), any information created and/or provided by Educate NY and appearing on the Site (the "Content"), and the services provided in connection therewith (the "Services"), are owned, operated and maintained by Educate NY ("we", "us", or the "Company"). By using or accessing the Site, Content, or Services, you "the User" have read, understand, and agree to be bound by these Terms of Use ("Terms of Use", "Terms", or "Agreement") and Privacy Policy, whether or not you are a registered user of Educate NY. If you do not agree to be so bound, do not access or use the Site, Content, or Services. You should only use or access the Services if you are over the age of 18, as described below. If you are not over the age of 18, you need to have a parent or guardian assist you. If you are a parent or guardian of a student who uses and accesses the Site, Content, and Services, you agree to represent the student for purposes of making us whole in case of damages or indemnification against the student, if not for the student's age. We reserve the right, at our sole discretion, to modify, add, or delete any portion of these Terms at any time. Your continued use of the Site, Content, or Services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future Terms, you may not use or access the Site, Content, or Services. It is the responsibility of the User to check the Site and review any changes made to these Terms.
Ability to Accept These Terms and Incorporated Policies
You affirm that you are either 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and Privacy Policy, and to abide by and comply with these Terms of Use and Privacy Policy. In any case, you affirm that in using the Site, you are at least 13 years of age, as the Site is not intended for children under 13 without parental or guardian consent and assistance. Alternatively, you affirm that you are a parent or guardian of any child under the age of 13, and are agreeing to enter into these Terms on behalf of your child.
Registration, Password, And Security Obligations
In consideration of your use of the Site and the Services, you agree to provide accurate, current, and complete data. You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for all activities and liabilities associated with using your account(s). You must notify us immediately of any breach of security of your account(s), including if you believe your password or account has been obtained, or may be accessed or used, by anyone other than you and it is your responsibility to log out of your account(s) when you are no longer in use of the Site and the Services. You will not have to reveal your password to any Educate NY representative. Please notify us via email if you suspect any unauthorized use of your account. For security purposes, Educate NY recommends that you change your password often, that you do not reuse passwords, and that you use unique passwords for this Website. We are not responsible for any damages or losses that arise due to your failure to comply with these requirements. You are held potentially liable for any damages or losses sustained by us or a third party due to unauthorized use of your account(s), either with or without your knowledge. You may not use another person’s account(s) without his or her permission. You may not transfer use of your account(s) to another person. In the event that you authorize or register an account for another person, including a minor, you are fully responsible for the actions and consequences of that user and we reserve the right to share information provided in the account(s) to the parent or legal guardian of that minor. If you provide false, incorrect, or incomplete information, we reserve the right to terminate your account(s). All personal information collected is used in accordance with our Privacy Policy. We also maintain your information securely as described in that Privacy Policy. Note that while you may provide certain financial information depending on your interactions with us, as described in the Privacy Policy, Educate NY does not review, process, or retain any of that information, as we use a secure, third party payment processing service. We reserve the right to refuse use or access of the Site and the Services to any user at any time.
User Conduct
You understand that the Site, Content, and Services are available for your personal, non-commercial use only. You are solely responsible for your knowledge and adherence to any and all rules, regulations, and laws applicable to your use of the Site, Content, and Services. You agree not to use the Site or Services to:
· violate any local, state, national, or international law;
· encourage or provide instructions for others to commit criminal offenses or violate the rights of others or local, state, national, and international law;
· damage or impair the Site or the Services;
· post, share, transmit, upload, or otherwise make available 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 or software or hardware or telecommunications equipment;
· intimidate or harass others;
· engage in predatory or stalking conduct;
· solicit personal information from anyone under the age of 18;
· infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
· use any automated scripts, robot, spider, or other automatic device to collect, process, or access information from the Site, or otherwise interact with the Site or the Services, or monitor or copy any of the material on the Site;
· use any manual process to monitor or copy any of the material on the Site for any other unauthorized purposes;
· attempt to interfere with the proper working of the Site;
· contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
· collect information on other users of the Service or the Site for the purposes of sending unsolicited materials;
· upload or facilitate submission of any content that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
· impersonate any person or entity, misrepresent your identity including but not limited to your name, age, or affiliation with any person or entity;
· post, share, transmit, upload, or otherwise make available any content we deem harmful, hateful, threatening, defamatory, infringing, inflammatory, harassing, vulgar, pornographic, obscene, fraudulent, illegal, invasive of privacy or publicity rights, racially, ethically, or otherwise objectionable;
· post, share, transmit, upload, or otherwise make available any content that we deem to cause harm to others or prevent others from enjoying and using the Site;
· post, share, transmit, upload, or otherwise make available any content that we -post, share, transmit, upload, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotion materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
· post, share, transmit, upload, or otherwise make available any personally identifiable or private information of any third party;
· disclose any personal information that could be personally identifiable information including but not limited to your full name, address, e-mail address, telephone number, or social security number; or
· or solicit any personally identifiable information or suggest an offline meeting or conversation.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree to immediately report via phone or e-mail any knowledge of the use of the Site and the Services
that violates the User Conduct and Terms of Use.
User Content
Any and all information and materials or communications that you post, share, transmit, upload, or otherwise make available publicly (hereinafter, “post”) on or through the Site or the Services—to the extent such functionality exists—is non-confidential and non-proprietary and may be disseminated or used by us for any purpose whatsoever. By uploading or otherwise making available any User content, you automatically grant and/or warrant that the owner has granted to us the non-exclusive, perpetual royal-free, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the content for any purpose.
You understand and agree that we may record or review any and all parts of tutoring sessions. You further agree that we own all recorded sessions and comments that you provide to the Site and that these Terms shall be deemed an assignment of all such recordings and comments, each portion thereof and all intellectual property rights therein to us. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
For more information about our collection, use and sharing of personal information, please visit our Privacy Policy.
Copyright
All materials contained on this Website are Copyright © 2024 Educate NY or are licensed or otherwise published by Educate NY with the permission of the owner of the material. All rights in such materials published with permission of the material's owner are reserved to the respective owners. All trademarks, service marks, and trade names are proprietary to Educate NY. The Site, Content, and Services provided or made available to you in connection with the site are the proprietary works of Educate NY and its third party providers and suppliers and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as permitted by us or these terms, you may not copy, reproduce, modify, publish, distribute, create derivative works of, sell, transfer, rent, lease, sell, sublicense, assign, perform, transmit, or otherwise use the Site or the Services. You may not copy or modify the HTML or other code. Any unauthorized or prohibited use of the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable state and federal laws.
Provided that you are eligible to use the Site, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, and Services for noncommercial purposes subject to restrictions set forth in these Terms. All right, title, and interest in and to all tangible and intangible aspects of the Site, Content, and Services, including without limitation, all copyrights, patents, and trade secrets pertaining thereto, and that, except for the limited rights set forth above, remain the exclusive property of Educate NY and/or third parties, as applicable, and you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Content or, including but not limited to, accessing the Site or the Services. You may not upload or republish any Educate NY content on any internet, intranet, or extranet site or use the information in any other database or compilation, and any other use of our Site content is strictly prohibited. Your license is subject to this Agreement and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Services beyond the scope of the license granted above is prohibited. Any and all rights granted to you herein are revocable by Educate NY in according with these Terms.
Copyright Complaints
We respect the intellectual property rights of others. If you believe any material on the Site infringes upon any copyright which you own or control or your intellectual property rights have been otherwise violated, please send us written notice to:
Educate NY Foundation
Attn: Legal Department
523 Main Street
Buffalo NY 14203
Please include: 1) your name, address, telephone number, and e-mail address, 2) a description of the infringed work or intellectual property and where it is located on the Site, 3) a statement made by you indicating that the work in dispute is not authorized by the copyright owner, its agent, or the law, 4) a statement by you, made under penalty of perjury, that the information included in the notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf, and 5) a signature of the person authorized to act on behalf of the owner.
Links
The Site may contain links to third party websites or resources. You acknowledge and agree that Educate NY is not responsible or liable for the availability of such sites or resources and does not endorse and is not responsible or liable, indirectly or directly, for any content, product, or service available on or through such third party sites or resources. You acknowledge and assume all responsibility for any and all risk arising from your use of any such website or resource. ACCORDINGLY, WE ENCOURAGE YOU TO BE AWARE WHEN YOU LEAVE THE SITE AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH OTHER WEBSITE THAT YOU VISIT.
Indemnity
You agree to defend, indemnify, and hold harmless Educate NY, its officers, directors, agents, employees, and affiliates, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to and use of the Site, Content, and Services or your breach of these Terms.
LIMITATION ON LIABILITY
IN NO EVENT SHALL EDUCATE NY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, OR SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SITE, CONTENT, OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, SERVICES, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY LEGAL THEORY, WHETHER THE COMPANY IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU. YOU ASSUME THE COSTS FOR ANY NEED FOR REPAIR OR SERVICING THAT RESULTS FROM THE USE OF THE SITE, CONTENT, OR SERVICES. NEITHER THE COMPANY NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED IN THE SITE, CONTENT, OR SERVICES. YOU AGREE TO HOLD HARMLESS THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, AND TUTORS, FOR ANY INSTRUCTION, ADVICE, OR SERVICES PROVIDED TO YOU THROUGH THE SITE.
DISCLAIMER OF WARRANTY
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE USE OF THE SITE, CONTENT, OR SERVICES MAY RESULT IN UNEXPECTED RESULTS OR UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR FILES TO UNINTENDED THIRD PARTIES. WE MAKE NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY IN REGARD TO THE QUALITY OF ANY PRODUCT OR SERVICE DELIVERED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, CONTENT, OR SERVICES. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WHILE WE ARE COMMITTED TO DEVELOPING, IMPLEMENTING, MAINTAINING, MONITORING AND UPDATING A REASONABLE INFORMATION SECURITY PROGRAM, UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE 100% SECURE. DATA SECURITY INCIDENTS AND BREACHES CAN OCCUR DUE TO VULNERABILITIES, CRIMINAL EXPLOITS OR OTHER FACTORS THAT CANNOT REASONABLY BE PREVENTED. ACCORDINGLY, WHILE OUR REASONABLE SECURITY PROGRAM IS DESIGNED TO MANAGE DATA SECURITY RISKS AND THUS HELP PREVENT DATA SECURITY INCIDENTS AND BREACHES, IT CANNOT BE ASSUMED THAT THE OCCURRENCE OF ANY GIVEN INCIDENT OR BREACH RESULTS FROM OUR FAILURE TO IMPLEMENT AND MAINTAIN REASONABLE SECURITY. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, YOU ACKNOWLEDGE THAT (A) THERE ARE SECURITY AND PRIVACY LIMITATIONS OF THE INTERNET WHICH ARE BEYOND OUR CONTROL; (B) THE SECURITY, INTEGRITY, AND PRIVACY OF ANY AND ALL INFORMATION AND DATA EXCHANGED BETWEEN YOU AND US THROUGH THE SITE CANNOT BE GUARANTEED; AND (C) ANY SUCH INFORMATION AND DATA MAY BE VIEWED OR TAMPERED WITH IN TRANSIT BY A THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, EDUCATE NY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT WILL BE COMPLETE OR ACCURATE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS.
JURISDICTION
These Terms as well as any action related to these Terms will be governed by New York law and the exclusive jurisdiction and venue of any such action will be the state and federal courts of New York. You hereby agree to and waive all objections to jurisdiction and venue in such courts.
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Services must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
TERMINATION
We reserve the right to terminate your account and permission to use the Site, Content, or Services immediately and without notice if you violate any of these Terms. We further reserve the right to terminate your account and revoke your access to the Site, Content, or Services at any time, with or without cause, and with or without notice. We also reserve the right to modify or cease providing the Site, Content, or Services at any time, with or without notice. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. YOU HOLD EDUCATE NY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EDUCATE NY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EDUCATE NY OR LAW ENFORCEMENT AUTHORITIES.
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
These Terms of Use and the Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Educate NY without restriction. In addition, in the event that Educate NY is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
OTHER
These Terms of Use, together with the Privacy Policy and any other legal notices published by Educate NY on the Site, are the entire and exclusive agreement between you and Educate NY regarding the Site, Content, and Services and supersede any prior agreements between you and the Company relating your use of the Site, Content, or Services. Except as expressly provided herein, these Terms of Use may not be altered, supplemented, or amended by the use of any other document(s), and any attempt to alter, supplement, or amend these Terms of Use shall be null and void unless agreed to in a written agreement signed by both you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of Educate NY. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. In the event that any provision of these Terms is held invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
SMS MESSAGING
1. By joining Educate NY, you may receive messages relating to acceptance into our program, reminders of upcoming tutoring sessions with your tutor/student and other relevant messages pertaining to your tutoring connection.
2. You can cancel the SMS service at any time. Just text "STOP" to the phone number you receive messages. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text "START" to the phone number you previously received messages from and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@educatewny.org.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages based on your account settings for upcoming session reminders after you are connected to a tutor/student. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our Privacy Policy