Terms of Service
THIS AGREEMENT WAS LAST UPDATED ON DECEMBER 30, 2010.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, do not use EducationOption.com. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.
These Terms of Service govern your use of the EducationOption.com website (the “Service”) only and do not govern your use of other EDUCATIONOPTION.COM services. Your failure to follow this Terms of Service agreement may result in termination of your access to EducationOption.com by EducationOption.com, without notice and in addition to any other remedies available to EducationOption.com.
The Service contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download an insubstantial amount of material from the Service and may only use the Service for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not post any content from EducationOption.com to newsgroups, mail lists, electronic bulletin boards, or weblogs (“blogs”) without the prior written consent of EducationOption.com.
As part of our Service, EducationOption.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service.
You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by EDUCATIONOPTION.COM. However, you may not, without the prior written permission of EducationOption.com, frame any of the content of the Service, or incorporate into another website or other service any material, content or intellectual property belonging to EducationOption.com, its parent or affiliate companies or their licensors.
License to EducationOption.com
By posting messages, sending comments via the Service, uploading files, or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting EducationOption.com a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Children’s Privacy Statement for EducationOption.com
This children’s privacy statement explains EducationOption.com’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
• We do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Service. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we do NOT condition the participation in the Service’s online activities of a child under thirteen on providing personally identifiable information.
Questions on Privacy
If you have questions or concerns about the children’s privacy statement, the privacy practices of the EducationOption.com website, or your dealings with EducationOption.com, please contact us by:
EducationOption.com Legal Department
EDUCATIONOPTION.COM
44 Wall Street, 8th Floor
New York , NY 10005
phone: (212) 952 1500
Email: onlinepolicy@metro.us
Disclaimer
Through the Service, EducationOption.com has provided links and pointers to Internet sites maintained by third parties. Linking to such third party sites by EducationOption.com does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither the owner of EducationOption.com, or its parent or subsidiary companies, or their affiliates, operate or control in any respect any of the information, products or services that third parties may provide on or through the Service or on websites linked to by the EducationOption.com website. The information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, EducationOption.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EducationOption.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
EducationOption.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not EducationOption.com) assume the entire cost of all necessary maintenance, repair or correction.
EDUCATIONOPTION.COM AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH EDUCATIONOPTION.COM. NEITHER EDUCATIONOPTION.COM, NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING EDUCATIONOPTION.COM AND ANY NEWS AND INFORMATION THROUGH EDUCATIONOPTION.COM. IN NO EVENT WILL EDUCATIONOPTION.COM, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EDUCATIONOPTION.COM, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH EDUCATIONOPTION.COM OR THE INFORMATION IN EDUCATIONOPTION.COM SHALL NOT EXCEED THE AMOUNT YOU PAID TO EDUCATIONOPTION.COM FOR USE OF EDUCATIONOPTION.COM.
The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories, if ever published, may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Contests or Sweepstakes
The Service may operate contests and sweepstakes which may require registration. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the Site or in other places, such as on a winners page, in the event you win a contest or sweepstakes. Except as required by applicable law, we will not post your information without your permission. In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on EducationOption.com, and collect your information. In those cases, where EducationOption.com is not the operator or host of the contest or sweepstakes, you are urged to review the advertiser’s or sponsor’s privacy policy applicable to the contest or sweepstakes before participating.
Online Purchases on or through EducationOption.com
In the future, sections of the EducationOption.com website may allow you to purchase many different types of products and services online that are provided by third parties. EducationOption.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the EducationOption.com website or a site linked to by EducationOption.com, the information obtained during your visit to that merchant’s online store or site and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. EducationOption.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant website directly. You release EducationOption.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through the EducationOption.com website.
When you purchase products or services on or through the EducationOption.com website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to EducationOption.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This Service may in the future include a variety of features, such as bulletin boards, blogs and chat rooms, which allow feedback to EducationOption.com and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. EducationOption.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of EducationOption.com.
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that EducationOption.com has no obligation to monitor any bulletin boards, chat rooms, blogs or other areas of the Service through which users can supply information or material. However, EducationOption.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove at its sole discretion any information or materials, in whole or in part, that it finds objectionable or in violation of these Terms of Service.
Registration
To access certain features of the Service, EducationOption.com may ask you to provide certain demographic information including but not limited to your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Service, you may also be asked to register with EducationOption.com on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If EducationOption.com has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, EducationOption.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). EducationOption.com’s use of any personally identifying information you provide to EducationOption.com as part of the registration process is governed by the terms of EducationOption.com’s Privacy Policy.
Passwords
To use certain features of the Service, you may need to obtain a username and password, which you will receive through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify EducationOption.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. EducationOption.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Classified Advertising
In the future, EducationOption.com may allow for publishing of classified advertising. When you submit a classified ad for publication on the Service, you agree that the advertisement as it appears on the Service becomes the property of EducationOption.com and you assign all ownership interest in the advertisement as it appears on Service under copyright law or otherwise to EducationOption.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. EducationOption.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertising that may appear on the Service is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Miscellaneous
If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. EducationOption.com may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York , and you agree to submit to the jurisdiction of such courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Content from The Associated Press
ASSOCIATED PRESS TEXT, PHOTOS, GRAPHICS, AUDIO AND/OR VIDEO MATERIAL SHALL NOT BE PUBLISHED, BROADCAST, REWRITTEN FOR BROADCAST OR PUBLICATION OR REDISTRIBUTED DIRECTLY OR INDIRECTLY IN ANY MEDIUM. NEITHER ASSOCIATED PRESS MATERIALS NOR ANY PORTION THEREOF MAY BE STORED IN A COMPUTER EXCEPT FOR PERSONAL AND NONCOMMERCIAL USE. THE ASSOCIATED PRESS WILL NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR ANY DAMAGES ARISING FROM ANY OF THE FOREGOING.
Copyright Infringement Notice
If you believe that your work has been copied and is accessible through EducationOption.com in a way that constitutes copyright infringement, or that EducationOption.com contains a link or other reference to another online location that contains materials or activity that infringes on that person’s copyright rights, they may notify EducationOption.com by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 to the following address:
EducationOption.com Legal Department
EDUCATIONOPTION.COM
44 Wall Street, 8th Floor
New York , NY 10005
phone: (212) 952 1500
Email: onlinepolicy@metro.us