We are the software platform for experiential and team-based learning in Higher Education
This Terms of Service applies to your use of the edusourcedapp.com, edusourced.com and any other websites (collectively the “Site”) operated by EduSourced, Inc. (“EduSourced”), as well as services provided by EduSourced (the “Services”). If you do not agree with these Terms, please discontinue using the Service.
These Terms may change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our website. We will notify you by email, through EduSourced, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Site after a modification is posted, you are telling us that you accept the modified terms.
If you have a written agreement with EduSourced that states that it supersedes this Terms of Service, then to the extent there is any conflict between the documents, the provisions in your separate agreement apply.
EduSourced offers an online tool used by Universities to manage experiential learning projects (“Projects”) that utilize Students and Instructors of Universities as part of an academic-based undertaking allowing such Students, Universities and their partner employers to effectively communicate and collaborate for student learning. The Services include the EduSourced Site and may also be located on third-party websites or portals, as in the case of a University, embedded on their own public website. EduSourced is not legally responsible for, and does not warrant, represent or guarantee these third-party websites. If you should have a dispute with a third party, EduSourced is in no way legally responsible for any claims in law, equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
CONTENT; USER CONDUCT
You, and not EduSourced, shall be entirely responsible for the Content that you upload or otherwise transmit using the Site or the Services. You may not use the Site or Services to do any of the following:
- Upload or otherwise transmit any Content that, under the circumstances, in EduSourced’s good faith judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, abusive, harassing, “stalking”, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload or otherwise transmit any Content that is, in EduSourced’s good faith judgment, deemed harmful to minors in any way;
- Impersonate any person, Student, Institution, Business or other entity, or falsely state or otherwise misrepresent your affiliation with any of the aforementioned;
- Upload or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual relationships, or that infringes on any intellectual property, moral or proprietary rights of any other person or entity;
- Upload or otherwise transmit at unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation to any person, Student, Business, Institution or any other entity, or spam several email lists with the same message;
- Transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt use or enjoyment of the Site or any Services or servers or networks connected to the Site or the Internet, or disobey any requirements, procedures, policies, or regulations of those networks;
- Circumvent or modify (or help any other person or entity do the same) any security or use restrictions of the Site or the Services; or
- Otherwise access or use the Site or Services in any manner inconsistent with or contrary to any applicable laws, rules or regulations.
Violating any of the restrictions related to Content above may result in your Content being deleted, your suspension or termination from using the Services or Site, and your indemnifying EduSourced for any damages as set forth in INDEMNIFICATION below.
COPYRIGHT; LICENSE; INFORMATION
All materials on this Site, including, but not limited to, the design, text, search results, graphics, pictures, sound files and other files, any software used to operate the Site, and the selection, arrangement and compilation of information (collectively, the “Materials”) are copyrighted by and are proprietary to EduSourced and/or its licensors, ALL RIGHTS RESERVED. By accessing or using the Site or Services, you are hereby granted a limited, non-assignable, and non-exclusive license to access and use this Site and the Services herein and to print the Materials for your personal, informational and non-commercial use only. You may not reproduce or republish the Materials in any way without our express written permission. We expressly reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Materials and/or to prevent or block you from future use or access.
TERMINATION; DISCONTINUANCE; MODIFICATION
Under certain circumstances, EduSourced explicitly reserves the right to terminate your access to its Services and access to the Site, in whole or in part, immediately without notice to you. Reasons for such termination include, but are not limited to:
- Your breach of the Terms of Service or other agreements and/or guidelines incorporated herein by reference;
- Engagement by you in conduct that is deemed by EduSourced, in its sole good faith judgment, to be fraudulent or constituting an illegal act;
- A request made by you (self-selected termination);
- Termination, discontinuance or material modification of the Services or a portion thereof by EduSourced; or
- Security or technical interference.
Any termination by EduSourced of your account or access to the Services may include, without limitation:
- Removal of access to any and all offerings comprising the Services;
- Deletion of your account, including, but not limited to, your secure password, log in information and related accounts, including all historical transaction data and summaries; and
- A prohibition against your ability to use the Services at any time in the future.
You expressly acknowledge and agree that any termination for cause is in EduSourced’s sole and exclusive discretion and that any termination of your license to access or use the Materials and/or to prevent or block you from future access or use of the Materials.
To maintain your license, you must not do any of the following (which is not an all-inclusive list):
- Publish, display or distribute to any third-party, any Materials, including reproduction on any computer network, broadcast or publications media;
- Market, sell or make commercial use of the Site, Services or Materials;
- Systematically collect or use any data spiders, robots or other similar data gathering mining or extraction method;
- Reverse engineer any portion of the source code of the Site or any third party websites;
- Make derivative uses of the Site, Services or Materials;
- Participate in or undertake any actions or practices that are not aligned with the spirit of intent of these Terms of Service or do anything that may be deemed commercially unreasonable.
Excluding the rights set forth above, you are not conveyed, granted or otherwise promised any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of EduSourced or any third-party. Unauthorized use of the Site or Services or the breach of any license granted under these Terms of Service will immediately terminate your rights under the license. Any unauthorized use may be in violation of federal, state or local law, regulations or guidelines. Any such violation is solely your responsibility and you shall indemnify EduSourced for any claim in law or equity that may be brought against us as a result of your unauthorized use.
TRADEMARKS AND SERVICE MARKS
EduSourced and any and all of our logos related thereto are either trademarks or service marks of EduSourced. Any and all logos of third parties that may be on or available through the Site are the trademarks or services marks of the respective third parties. Any such trademarks or services marks (collectively, the “Marks”) shall not be copied, imitated, or used in whole or in part without the prior written consent of the party owning the Marks. You shall not use any Meta tags or any type of ‘hidden text’ utilizing any party’s Marks without the prior written consent of the owner of the Marks. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EduSourced or a third party and you shall not copy, imitate, or use the same in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Site does not constitute or imply an endorsement, sponsorship, recommendation, approval or otherwise by EduSourced.
LINKS TO OTHER WEBSITES
The Services available through the Site may include links to third party websites, including, but not limited to, those of Institutions, Businesses, and other entities utilizing the Site and Services. Such third-party websites are NOT under the control of EduSourced. EduSourced provides these links to you only as a convenience, and the inclusion or availability of any third party website through the Site is in no way intended to be or to imply an endorsement, affiliation, approval of, adoption or otherwise by EduSourced. EduSourced is not responsible or liable for any content or otherwise of any third party made available through the Site. It is solely your responsibility to make the necessary investigations you deem reasonable or appropriate before proceeding with any transaction with any third party. Upon leaving the Site, these Terms and Conditions no longer govern the new website that you may be visiting. It is solely your responsibility to locate and review all applicable terms and conditions and privacy policies of any third party websites and EduSourced is not liable for your failure to do so.
WARRANTIES AND DISCLAIMERS
THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, AND/OR THE SERVICES AND THE INFORMATION FOUND THEREON ARE AT YOUR OWN RISK. EDUSOURCED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. EDUSOURCED DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE ON THE SITE ARE ACCURATE, ERROR-FREE OR COMPLETE. EDUSOURCED IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE INFORMATION, TEXT OR OTHERWISE ON THE SITE.
EDUSOURCED AND ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, AND EMPLOYEES ARE NOT RESPONSIBLE FOR, AND YOU ARE SOLELY AND EXCLUSIVE RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES, THE SITE, OR ANY OF THE MATERIALS ACCESSED VIA DOWNLOAD OR OTHERWISE, FROM THE SITE OR OTHERWISE FROM THE SERVICES.
ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED VIA DOWNLOAD OR OTHERWISE, THROUGH THE SITE OR SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
EDUSOURCED AND ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, AND EMPLOYEES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT:
- THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS PROVIDED TO YOU THROUGH THE SERVICES ARE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR OTHER DEFICIENCIES OF ANY KIND;
- THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND
- ANY ERRORS IN THE SERVICES, SITE OR THE SOFTWARE WILL BE CORRECTED.
NO INFORMATION, ADVICE, INSTRUCTION REGARDLESS OF THE FORM OF COMMUNICATION PROVIDED TO YOU FROM EDUSOURCED, WHETHER THROUGH THE SERVICES OR FROM EDUSOURCED’S OFFICERS, DIRECTORS, AGENTS, ADVISORS, PARTNERS, MANAGERS, AFFILIATES, MEMBERS, LICENSORS, OR EMPLOYEES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EDUSOURCED, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, MANAGERS, AFFILIATES, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN LAW OR EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, SERVICES OR MATERIALS, OR INFORMATION PROVIDED BY THIRD PARTIES.
NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OR CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT BE APPLICABLE TO YOU, AS SOME JURISDICTIONS MAY NOT PERMIT IT. HOWEVER, IN SUCH JURISDICTIONS, TO THE EXTENT PERMITTED, EDUSOURCED DISCLAIMS LIABILITY IN ACCORDANCE WITH THE FIRST PARAGRAPH OF THIS LIMITATION OF LIABILITY SECTION.
To the extent not prohibited by law, you expressly acknowledge and agree, as additional consideration for your access and use of the Site, Services and Materials, to fully indemnify and to hold harmless EduSourced and its officers, directors, agents, advisors, partners, managers, affiliates, members, licensors, and employees from and against any demand or claim, whether in law or equity, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violations of these Terms and Conditions, any Content you submit or otherwise make available through the Site or Services, or your violation of any rights of another. You expressly acknowledge and agree to be fully responsible, and to pay, for any royalties or other fees due to any person, Business, Institution or other entity, by reason of any Content that you upload or otherwise submit to the Site.
CHOICE OF LAW; MANDATORY ARBITRATION; WAIVER; CLAIMS
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO CONFLICTS OF LAW. EduSourced’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any right to enforce such right or provision in the future. If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be deemed severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon you to the maximum extent allowed by law.
ANY AND ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE SETTLED IN BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). ANY AND ALL CLAIMS OR CONTROVERSIES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND MUST NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY OTHER CLAIM OR CONTROVERSY OF ANY OTHER PARTY. SUCH ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN COLUMBUS, OHIO AND ANY JUDGMENT RENDERED MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR EDUSOURCED MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN OHIO AS MAY BE NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR EDUSOURCED.
WITH RESPECT TO ANY LITIGATION BASED ON, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS, THE PARTIES HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE OF OHIO, LOCATED IN FRANKLIN COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO (AND ANY COURTS OF APPEAL RESPECTIVELY THEREFROM). THE PARTIES HEREBY EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE, INCLUDING, WITHOUT LIMITATION, THAT ANY CLAIM OR LITIGATION ARISING THEREFROM HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
REGARDLESS OF ANY STATUTE, LAW, REGULATION OR OTHERWISE TO THE CONTRARY, ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THE ACCESS TO OR USE OF THE SERVICES, SITE OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CONTROVERSY AROSE. FAILURE TO FILE SUCH CLAIM WITHIN THE ALLOTTED ONE YEAR SHALL RESULT IN SUCH CLAIM OR CONTROVERSY BEING FOREVER BARRED.
The rights and remedies provided in these Terms and Conditions and any agreements incorporated herein by reference and by applicable law are cumulative and are in addition to and not exclusive of any other rights and remedies provided by law.
SUCCESSORS AND ASSIGNS
You may not assign any of your rights or responsibilities hereunder without the prior written consent of such assignment from EduSourced, which may be withheld for any reason or no reason. EduSourced may assign these Terms and Conditions to any successor or to any purchaser of all or substantially all of EduSourced’s assets without notice to you.
RELATIONSHIP OF THE PARTIES
Nothing in these Terms and Conditions is to be construed as creating an agency, partnership, joint venture or employment relationship between the parties.
The section headings contained herein are included for convenience and ease of reference only and shall not limit or otherwise affect the terms of these Terms and Conditions.