EdTechReview.com Disclaimer

Last Update: May 10, 2006

General Terms
This disclaimer serves as a legal agreement between you (the user) and EdTechReview.com (us) with regard to your use of the web site EdTechReview.com. By using, accessing or registering as a user of this web site, you agree to be bound by and become a party to all the terms of this agreement. If you do not wish to agree with these conditions, you may not use the site.

Amendments
If we need to amend this agreement, we will notify you by email or by posting updated terms on this web site. The changes will take affect when they are posted. By continuing to use this site after an amendment, you agree to the amended agreement.

Use of EdTechReview.com by Minors.
This web site is not intended for use by anyone under the age of 18. By using this web site you represent that you are 18 years or older. If you are under 18, please do not register for this web site.

Site Registration
By registering for this web site, you have the ability to post content to our site. You agree that we may contact you to regarding you of changes to this agreement or your use of our site. You are responsible for the security of the password that you use to access our site. You agree not to share your password with any third party. You agree to take sole responsibility for any activities under your password even if you did not authorize them. You agree to notify us of any unauthorized use of your EdTechReview account.

User Submitted Content
EdTechReview.com does not assume any responsibility for reviews and ratings posted by users of this site. These reviews and ratings are intended as information for those wishing to use them, but we do not guarantee the accuracy or validity of postings to this site. The reviews are entirely the responsibility of the user who posted them.

Submitter Conditions
By submitting content to EdTechReview.com, you promise that you are the author and owner of the intellectual property rights thereto, and you grant EdTechReview.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of EdTechReview.com. We reserve the right to change, condense or delete any reviews posted to our site that we deem, at our sole discretion, to violate our content guidelines or any other provision of this Agreement.

You agree not to post any information which:

1. you know is false.
2. infringes on any third party copyright, patent, trademark, trade secret or any other rights.
3. violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising
4. may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation
5. was part of work for which you were compensated by any third party.

Your Ownership Rights
You retain all ownership right to information and text you post to our web site. You can edit or request your content be removed from the site at any time.

Copyright
All trademarks or service marks listed on this site in reviews are the property of their respective owners. As described in this document, all reviews posted are the property of the respective individual site user. All other content including text, graphics, interfaces and arrangements are copyrighted by EdTechReview.com with all rights reserved.

Suspected Infringement
If you believe content on EdTechReview.com infringes your copyright, you should send us notice of the infringement. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:

1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature

The notice should be sent to:
EdTechReview.com
Attn: David Johnston
Via email: infringement@edtechreview.com
Via fax to: 707-468-9719

Terminating Your Account
You may cancel your EdTechReview.com account at any time by contacting us at cancel@edtechreview.com We may cancel your account at any time for any reason including any violations of this agreement. Accounts that are dormant for more than 3 months may be terminated at our discretion.

Collecting Information
You may not collect personal data, including email address, from our web site for any purpose. You may not use this service to solicit members to purchase or utilize any other products or services. You may not use any automated means, such as scripts to access site or collect information from it for purposes other than to support search engine. We will investigate any violations of any of the above and prosecute to the fullest extent of the law.

Protecting Your Privacy
EdTechReview.com will not share your personal information with any third party without your written permission or as the result of a proper legal order. We may as part of the course of operating this site provide other users or vendors with the ability to send messages through our site regarding products or reviews that you have posted or expressed an interest in. We will not share your email address, but instead provide them with a form for this communication.

Legal Orders
We will comply with legal orders from any law enforcement, court, administrative agency or other government body by providing information regarding your account at their request.

Indemnity
By choosing to use EdTechReview.com, you agree to indemnify EdTechReview.com, its officers, agents, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of content you choose to submit, post or transmit through our web site; or of your use of or connection to our web site; your violation of this agreement; or, your violation of any rights of another.

Release
In the event that you have a dispute with one or more users of EdTechReview.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge EdTechReview, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of ¤1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Liability Limit
EdTechReview.com shall not be liable to you for any lost profits or special, incidental or consequential damages (however arising, including negligenc) arising out of or in connection with our services or this agreement.

Individual State Exceptions
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you might have additional rights.

Governing Law/Arbitration
This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or EdTechReview.com shall be settled by binding arbitration in Mendocino County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA ¤1283.05 and ¤1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Mendocino County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Warranty Disclaimer
EdTechReview.com and its services are provided on an "As-Is" basis, without warranty or condition of any kind, either express or implied, and we explicitly disclaim any warranties of merchantability, fitness for a particular use, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. EdTechReview.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on EdTechReview.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold EdTechReview.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on EdTechReview.com. In addition, EdTechReview.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on EdTechReview.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

Assignment
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by EdTechReview, at its sole discretion, to a third party. You may not assign your obligations to another entity.

Your Relationship with EdTechReview.com
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with EdTechReview.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by EdTechReview.com.