THE AGREEMENT: The use of this website provided by DigitalThink Educar, LLC (hereinafter referred to as "DigitalThink") is subject to the following terms of use (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website").
The parties referred to in this Agreement shall be defined as follows:
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. DigitalThink only agrees to provide use of this Website to You if You assent to this Agreement.
You must be at least 18 (eighteen) years of age to use this Website. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. DigitalThink assumes no responsibility or liability for any misrepresentation of Your age.
You are granted a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access the Website according to this Agreement ("Limited License").
This Website contains trademarks, trade dress, servicemarks, copyrights, patents, ideas, processes, video, audio, text, know-how, expressions of ideas, code, algorithms, photos and other content ("Content"). All Content and the derivatives thereof are the property of DigitalThink, its affiliate or licensors. You agree not to reproduce, make available, create derivatives of, copy, publish, translate, download, ghost, take photos of, replicate, transmit, or distribute the Content in any way.
You hereby grant DigitalThink a royalty-free, non-exclusive, perpetual, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website without any attribution rights for any purposes DigitalThink deems reasonable.
Not limiting the other obligations of this Agreement, You must: Always provide accurate information; Notify Us if you reasonably suspect a username or password has been compromised; Take appropriate steps to ensure the security of your username, password, and the Website Content; Not share any logins you have with any other persons, including leaving such unexposed or letting others with view; Notify us immediately in the case of any fraud or illicit behavior; Taking reasonable actions to protect unauthorized access to this Website.
Not limiting the Limited License or any restrictions and/or obligations of this Agreement, You further agree not to use the Website:
Any personal information (as such is defined by applicable law) processed through this Website is subject to our Privacy Notice which is hereby incorporated by reference.
You may purchase goods and/or services through this Website, or access such through this Website. Such purchase may be subject to its own terms and conditions. If at any time you are not granted a specific right or license in this Agreement or any purchase agreement, you do not have such right or license.
Nothing in this Agreement should be construed to create rights to any other persons other than the Parties.
You agree to defend and indemnify DigitalThink and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website, Your breach of this Agreement, or Your NEGLIGENT or Unauthorized conduct or actions. You agree that DigitalThink shall be able to select its own legal counsel and may participate in its own defense, if DigitalThink wishes.
DigitalThink may occasionally post links to third party websites or other services. You should check those sites' terms of use and decide if you wish to agree to them. You agree that DigitalThink is not responsible or liable for any loss or damage caused as a result of Your use of any third-party websites or other services linked to from Our Website.
DigitalThink may from time to time modify this Agreement. You agree that DigitalThink has the right to modify this Agreement or revise anything contained herein. You agree to check for modifications each time you visit this Website. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
DigitalThink specifically reserves the right to terminate this Agreement and/or suspend your access to the Website if You violate any of the terms outlined herein.
You agree that Your use of the Website is at Your sole and exclusive risk and provided by Us on an "As Is" basis. DigitalThink hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. DigitalThink makes no warranties that the Website will meet Your needs or that the Website will be uninterrupted, error-free, or secure. DigitalThink also makes no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website is Your sole responsibility and that DigitalThink is not liable for any such damage or loss.
DigitalThink is not liable for any damages that may occur to You as a result of Your use of the Website, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, DIRECT DAMAGES, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
a) Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) Jurisdiction, Venue & Choice of Law: Through Your use of the Website, You agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and DigitalThink, with the exception of its conflict of law provisions.
c) Arbitration: In case of a dispute between the Parties, the Parties shall then submit the dispute to binding arbitration. Each Party shall pay their own costs and fees. Intellectual property claims by DigitalThink will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. You must pay attorney's fees if you lose any part of a complaint.
d) Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You.
e) Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible.
f) No Waiver: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.
g) Headings for Convenience Only: Headings of parts and sub-parts under this Agreement are for convenience and organization, only.
h) No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement.
i) Force Majeure: DigitalThink is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, network issues, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and acts which are at least partially due to unforeseen circumstances.