Privacy Policy, Security, and Terms of Service
Click here
http://www.ftc.gov/bcp/menu-internet.htm
for important information about safe surfing from the Federal
Trade Commission.
What personally identifiable
information does ESLdirectory.com collect from
me?
Some
personal information is gathered when you register. During
registration, ESLdirectory.com asks for your name, email address,
birth date, zip code, etc. The more information you volunteer
(and the more accurate it is), the better we are able to
customize your experience. Once you register you are no longer
anonymous to ESLdirectory.com - you are assigned an ESLdirectory.com
userID, your email address, and are able to take full
advantage of ESLdirectory.com's many offerings.
In addition
to registration we may ask you for personal information at
other times, including (but not limited to) when you enter a
sweepstakes, contest or promotion sponsored by ESLdirectory.com
and/or our many partners; when you make a purchase using ESLdirectory.com
Shopping; when you make travel arrangements using ESLdirectory.com
Travel; when you post a ESLdirectory.com Classified
ad; when you submit a listing for a web site; and when you
report a problem with one of our sites or services. If you
contact ESLdirectory.com we may keep a record of that
correspondence. ESLdirectory.com also occasionally asks users to
complete surveys that we use for research purposes. Wherever ESLdirectory.com
collects personal information we make an effort
to include a link to this Privacy Policy on that
page.
What are cookies and how does ESLdirectory.com use
them?
As part of offering and providing customizable
and personalized services, ESLdirectory.com uses cookies to store
and sometimes track information about you. A cookie is a small
amount of data that is sent to your browser from a web server
and stored on your computer's hard drive. All sites on ESLdirectory.com
where you are prompted to log-in or that are
customizable may require that you accept
cookies.
Generally, we use cookies to:
(1)
Remind us of who you are and to access your account
information (stored on our computers) in order to deliver to
you a better and more personalized service. This cookie is set
when you register or "Sign In" and is modified when you "Sign
Out" of our services. ESLdirectory.com may also use cookies to
store your zip code for other services.
(2)
Estimate our audience size. Each browser accessing ESLdirectory.com
is given a unique cookie that is then used to
determine the extent of repeat usage, usage by a registered
user versus by an unregistered user, and to help target
advertisements based on user interests and
behavior.
(3) Assist merchants in ESLdirectory.com
Stores to track visits to and business at their stores, and to
process the items in your shopping basket. This information
collected by cookies is sometimes called "clickstream" or
"click trail" and may also describe which pages you have seen
in each merchant's store.
(4) Track your progress
and number of entries in some of our promotions, sweepstakes
and contests. When a ESLdirectory.com-hosted promotion uses
cookies, the information written to the cookie indicates the
player's progress through the promotion, and may be used to
track entries, submissions, and status in prize
drawings.
(5) Measure certain traffic patterns,
which areas of ESLdirectory.com's network of web sites you have
visited, and your visiting patterns in the aggregate. We use
this research to understand how our users' habits are similar
or different from one another so that we can make each new
experience on ESLdirectory.com a better one. We may use this
information to better personalize the content, banners, and
promotions that you and other users will see on our
sites.
Advertising networks that serve ads onto ESLdirectory.com
may also use their own
cookies.
ESLdirectory.com also collects IP addresses for
system administration and to report aggregate information to
our advertisers. In addition, ESLdirectory.com Mail includes IP
addresses in outgoing mail message headers.
How does ESLdirectory.com
use my information?
ESLdirectory.com's primary
goal in collecting personal information is to provide you, the
user, with a customized experience on our network of sites.
This includes personalization services, interactive
communications, online shopping and many other types of
services, most of which are completely free to you. In order
to provide services free of charge, we display advertisements.
By knowing a little about you, ESLdirectory.com is able to deliver
more relevant advertisements and content, and hence better
service, to you.
In our role of delivering targeted
advertisements, ESLdirectory.com plays the middleman. Advertisers
give us an advertisement and tell us the type of audience they
want to reach (for example, males over 35 years old). ESLdirectory.com
takes the advertisement and displays it to users
meeting that criteria. In this process, the advertiser never
has access to individual account information. Only ESLdirectory.com
has access to individuals' accounts. You will
only receive special offers via email from ESLdirectory.com if you
have indicated in your account preferences that you would like
to receive them. You can change your account preferences at
any time.
ESLdirectory.com does research on our users'
demographics, interests, and behavior based on the information
provided to us upon registration, during a promotion, from our
server log files or from surveys. We do this to better
understand and serve our users. This research is compiled and
analyzed on an aggregated basis. ESLdirectory.com may share this
aggregated data with advertisers or business
partners.
Who is collecting information?
When
you are on an ESLdirectory.com site and are asked for personal
information, you are sharing that information with ESLdirectory.com
alone, unless it is specifically stated
otherwise. Some ESLdirectory.com
services are offered in conjunction with a
partner company. In order to provide this co-branded service
to you, it is necessary for us to share your personal
information with our partner company. If data is being
collected and/or maintained by any company other than ESLdirectory.com, you will be notified prior to the time of the
data collection or transfer. If you do not want your data to
be shared, you can choose not to allow the transfer by not
using that particular service.
Promotions that run on ESLdirectory.com
may be sponsored by companies other than ESLdirectory.com or may be cosponsored by
ESLdirectory.com and another
company. Some or all data collected during a promotion may be
shared with the sponsor. If data will be shared, you will be
notified prior to the time of data collection or transfer. You
can decide not to participate in the promotion if you don't
want your data to be shared. Currently, most ESLdirectory.com promotions are limited to US or North American
residents.
Please be aware that ESLdirectory.com Internet
access partners, advertisers, and web sites that have links on
our site may collect personally identifiable information about
you. This privacy statement does not cover the information
practices of those Internet access partners, advertisers, and
web sites linked to ESLdirectory.com.
With whom does ESLdirectory.com
share my information?
As a general rule, ESLdirectory.com
will not disclose any of your personally
identifiable information except when we have your permission
or under special circumstances, such as when we believe in
good faith that the law requires it or under the circumstances
described below. Please see the Terms of Service for each of
our products and services for more detailed information about
how your personal information may be shared. The following
describes some of the ways that your information may be
disclosed.
Business Partners & Sponsors: ESLdirectory.com
may disclose your personal information to
business partners or sponsors, but this is specifically
described to you prior to data collection or prior to
transferring the data. Details of shared use can be found in
specific Terms of Service or Use Agreements, and sweepstakes
and promotions rules. Some or all data collected during a ESLdirectory.com
promotion may be shared with a sponsor. If
personally identifying data about you will be shared, we will
tell you before we collect or transfer the data.
Many
promotions offer opportunities to request additional
information from sponsors. By requesting more information, you
give ESLdirectory.com permission to transfer your personal
information to the sponsor so they can fulfill your request.
In many instances, only your email address will be shared. If
more information will be shared with the sponsor, you will be
notified prior to the transfer.
ESLdirectory.com Stores
& Shopping: If you make a purchase from a store hosted by ESLdirectory.com
Store, or a merchant in ESLdirectory.com Shopping,
the information obtained during your visit to those stores,
and the information you give such as your credit card number
and contact information, is provided to the merchants. This is
to enable transactions to take place.
Merchants listed
in ESLdirectory.com Shopping site or in ESLdirectory.com Stores have
separate privacy and data collection practices. ESLdirectory.com
has no responsibility or liability for these independent
policies. For more information regarding the merchant, their
store, and their privacy policies, return to that store's home
page and click on their Information link.
ESLdirectory.com
Auctions: On the ESLdirectory.com Auctions site, we currently
provide the information necessary to facilitate the auction
transaction between the buyer and the seller.
From time
to time, you may be offered the opportunity to receive
materials or special offers from third parties. If you opt-in
to receive information from these third parties, ESLdirectory.com
will (with your permission) share your name and email address
with them.
Third Party Data & Data in the
Aggregate: Under confidentiality agreements, ESLdirectory.com may
match user information with third party data. Also, ESLdirectory.com
discloses aggregated user statistics (for
example, 45% of our users are female) in order to describe our
services to current and prospective partners, advertisers, and
other third parties, and for other lawful
purposes.
Other: ESLdirectory.com may also disclose account
information in special cases when we have reason to believe
that disclosing this information is necessary to identify,
contact or bring legal action against someone who may be
violating ESLdirectory.com's Terms of Service or may be causing
injury to or interference with (either intentionally or
unintentionally) ESLdirectory.com's rights or property, other ESLdirectory.com
users, or anyone else that could be harmed by
such activities. ESLdirectory.com may disclose or access account
information when we believe in good faith that the law
requires it and for administrative and other purposes that we
deem necessary to maintain, service, and improve our products
and services.
What are my choices regarding collection,
use, and distribution of my information?
ESLdirectory.com
may, from time to time, send you email regarding our products
and services. In addition, if you indicated upon registration
that you are interested in receiving offers or information
from ESLdirectory.com and our partners, we may occasionally send
you direct mail about products and services that we feel may
be of interest to you. Only ESLdirectory.com (or agents working on
behalf of ESLdirectory.com and under confidentiality agreements)
will send you these direct mailings and only if you indicated
that you do not object to these offers. If you do not want to
receive such mailings, simply tell us when you give us your
personal information. Or, at any time you can easily edit your
ESLdirectory.com Account Information to no longer receive such
offers and mailings. You will need your ESLdirectory.com userID in
order to access your ESLdirectory.com Account
Information.
On some types of ESLdirectory.com promotions,
we will ask for your email address in order to update you on
your score, entries, and status in prize drawings. When you
participate in these types of promotions, you automatically
receive promotion-related email, unless you choose the
no-email option that some promotions offer. Occasionally these
promotion-related email messages may include targeted
advertisements.
You also have choices with respect to
cookies. By modifying your browser preferences, you have the
choice to accept all cookies, to be notified when a cookie is
set, or to reject all cookies. If you choose to reject all
cookies you will be unable to use those ESLdirectory.com services
that require registration in order to participate. You can
still use many other ESLdirectory.com sites and services even if
you do not accept cookies.
ESLdirectory.com does not sell
or rent user information to anyone. We will notify you at the
time of data collection or transfer if your data will be
shared with a third party and you will always have the option
of not permitting the transfer. If you do not wish to allow
your data to be shared, you can choose not to use a particular
service or not to participate in certain promotions or
contests.
What is ESLdirectory.com's policy on allowing me
to update, correct, or delete my personally identifiable
information?
You may edit your ESLdirectory.com Account
Information and your ESLdirectory.com Profile at any time by using
your ESLdirectory.com ID. If you have forgotten your password or
have questions, please click here mailto:webmaster@ESLdirectory.com
to request a new password.
Your ESLdirectory.com account
can be deleted or deactivated, but doing so will result in not
being able to access any members-only area of the ESLdirectory.com
network. Please contact mailto:webmaster@ESLdirectory.com
for further instructions about deleting or deactivating your ESLdirectory.com
account. Residual information will remain within
our archive records.
What security precautions are in
place to protect the loss, misuse, or alteration of my
information?
Your ESLdirectory.com Account Information and
ESLdirectory.com Profile are protected so that you and only you
have access to this personal information. You may edit your ESLdirectory.com
Account Information and ESLdirectory.com Profile by
using your ESLdirectory.com userID.
We recommend that you
do not divulge your userID to anyone. ESLdirectory.com will never
ask you for your userID in an unsolicited phone call or in an
unsolicited email. Also remember to sign out of your ESLdirectory.com
account and close your browser window when you
have finished your work. This is to ensure that others cannot
access your personal information and correspondence if you
share a computer with someone else or are using a computer in
a public place like a library or Internet cafe.
As a
global company ESLdirectory.com has international sites and users
all over the world. When you give ESLdirectory.com personal
information, that information may be sent electronically to
servers outside of the country where you originally entered
the information, such as to the United States or other
countries. In addition, that information may be used, stored
and processed outside of the country where you entered that
information. Whenever ESLdirectory.com handles personal
information as described above, regardless of where this
occurs, ESLdirectory.com takes steps to ensure that your
information is treated securely and in accordance with the
relevant Terms of Service and this Privacy
Policy.
Unfortunately, no data transmission over the
Internet or any wireless network can be guaranteed to be 100%
secure. As a result, while we strive to protect your personal
information, ESLdirectory.com cannot ensure or warrant the
security of any information you transmit to us or from our
online products or services, and you do so at your own risk.
Once we receive your transmission, we make our best effort to
ensure its security on our systems.
What about
children's privacy?
Naturally, the safety of children
is very important to us. A team of experienced educators has
reviewed all sites listed on ESLdirectory.com. This selection
process ensures that these sites are fun and age-appropriate
for our younger audience.
ESLdirectory.com is a general
audience web site that complies with the Children's Online
Privacy Protection Act. Under the Children's Online Privacy
Protection Act, no web site operator is permitted to require a
child under the age of 13 to disclose more information than is
reasonably necessary to participate in an activity as a
condition of participation. ESLdirectory.com abides by this
requirement.
ESLdirectory.com does not share personally
identifying information about users who are under the age of
13 with business partners or other third parties. ESLdirectory.com
will not contact users who are under the age of 13 about
special offers or for marketing purposes. All ESLdirectory.com
account holders are subject to this Privacy
Policy.
What else should I know about my
privacy?
Please keep in mind that whenever you
voluntarily disclose personal information online – for example
on message boards, through email, or in chat areas - that
information can be collected and used by others. In short, if
you post personal information online that is accessible to the
public, you may receive unsolicited messages from other
parties in return.
Ultimately, you are solely
responsible for maintaining the secrecy of your passwords
and/or any account information. Please be careful and
responsible whenever you're online.
Additional
Information
If you have a question that was not
addressed in this privacy policy you may contact us at mailto:webmaster@ESLdirectory.com
or at the following:
ESLdirectory
Privacy Policy
11
Hersey Street
Hingham, MA 02043
Also
see...
Electronic Frontier Foundation - http://www.eff.org/ - a civil
liberties organization working to protect your rights
online.
Electronic Privacy Information Center - http://epic.org/ - established to
focus public attention on emerging civil liberties issues
relating to the National Information Infrastructure.
How to
Protect Your Privacy - http://www.ftc.gov/privacy/index.html
- information from the Federal Trade Commission for
consumers.
Kidz Privacy - http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/
- information from the Federal Trade Commission about kid
Terms of
Service
1. ACCEPTANCE OF TERMS
Welcome to Edvisors! ESLdirectory.com
provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review the
most current version of the TOS at any time at: http://ESLdirectory.com/confidentiality.htm. In addition, when
using particular ESLdirectory.com services, you and ESLdirectory.com
shall be subject to any posted guidelines or rules applicable
to such services that may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference
into the
TOS.
2. DESCRIPTION OF SERVICE
ESLdirectory.com currently
provides users with access to a rich collection of on-line
education resources, including, various communications tools,
online forums, shopping services, personalized content and
branded programming through its network of properties (the
"Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
including the release of new ESLdirectory.com properties, shall be
subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that ESLdirectory.com assumes no
responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings.
In order to use the Service, you must obtain
access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service
fees associated with such access. In addition, you must
provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access
device
3. YOUR REGISTRATION OBLIGATIONS
In consideration of
your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as
prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or ESLdirectory.com
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, ESLdirectory.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). ESLdirectory.com is concerned
about the safety and privacy of all its users, particularly
children. Please remember that the Service is designed to
appeal to a broad audience. Accordingly, as the legal guardian
of a child, it is your responsibility to determine whether any
of the Services and/or Content (as defined in Section 6 below)
are appropriate for your
child.
4. ESLdirectory.com PRIVACY POLICY
Registration Data and
certain other information about you is subject to our Privacy
Policy. For more information, please see our full privacy
policy above.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will
receive a password and account designation upon completing the
Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify ESLdirectory.com
of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. ESLdirectory.com
cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. This means that you, and not ESLdirectory.com, are
entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. ESLdirectory.com does
not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will ESLdirectory.com be
liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise transmitted via the
Service.
You agree to not use the Service to:
a.
upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate
any person or entity, including, but not limited to, a ESLdirectory.com
official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service;
e. upload, post, email or
otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
f. upload, post, email or otherwise transmit
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of
any party;
g. upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such
purpose;
h. upload, post, email or otherwise transmit 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 software or hardware
or telecommunications equipment;
i. disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the
Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or
unintentionally violate any applicable local, state, national
or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York
Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. "stalk" or
otherwise harass another; or
m. collect or store personal
data about other users.
You acknowledge that ESLdirectory.com
does not pre-screen Content, but that ESLdirectory.com and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting
the foregoing, ESLdirectory.com and its designees shall have the
right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by ESLdirectory.com
or submitted to ESLdirectory.com, including without limitation
information in ESLdirectory.com Message Boards, ESLdirectory.com
Clubs, and in all other parts of the Service.
You
acknowledge and agree that ESLdirectory.com may preserve Content
and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of ESLdirectory.com, its
users and the public.
You understand that the technical
processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or
devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you
reside.
8. PUBLIC CONTENT POSTED TO ESLdirectory.com
(a) For
purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public. By way of
example, a publicly accessible area of the Service would
include public ESLdirectory.com Message Boards, but would not
include private ESLdirectory.com communication services such as
ESLdirectory.com Mail.
(b) With respect to Content
you elect to post for inclusion in publicly accessible areas
of ESLdirectory.com Clubs or that consists of photos or other
graphics you elect to post to any other publicly accessible
area of the Service, you grant ESLdirectory.com the world-wide,
royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting the specific
ESLdirectory.com Club to which such Content was submitted, or, in
the case of photos or graphics, solely for the purpose for
which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to
include such Content on the Service and shall be terminated at
the time you delete such Content from the
Service.
(c) With respect to all other Content
you elect to post to other publicly accessible areas of the
Service, you grant ESLdirectory.com the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold ESLdirectory.com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use
of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the
Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that ESLdirectory.com may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the
Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the
maximum disk space that will be allotted on ESLdirectory.com's
servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service in
a given period of time. You agree that ESLdirectory.com has no
responsibility or liability for the deletion or failure to
store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
ESLdirectory.com reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that ESLdirectory.com reserves the right to change
these general practices and limits at any time, in its sole
discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
ESLdirectory.com reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that ESLdirectory.com
shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that ESLdirectory.com, in its
sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including,
without limitation, for lack of use or if ESLdirectory.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. ESLdirectory.com may also in its
sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior
notice, and acknowledge and agree that ESLdirectory.com may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that ESLdirectory.com
shall not be liable to you or any third-party for
any termination of your access to the
Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated
with such dealings, are solely between you and such
advertiser. You agree that ESLdirectory.com shall not be
responsible or 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 advertisers on the
Service.
15. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources.
Because ESLdirectory.com has no control over such sites and
resources, you acknowledge and agree that ESLdirectory.com is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that ESLdirectory.com shall not be
responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services
available on or through any such site or
resource.
16. ESLdirectory.com'S PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by ESLdirectory.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in
whole or in part.
ESLdirectory.com grants you a personal,
non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by ESLdirectory.com for use
in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ESLdirectory.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ESLdirectory.com
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ESLdirectory.com OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT ESLdirectory.com NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF ESLdirectory.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO
YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING
TO
FINANCIAL MATTERS
If you intend to create or join any
service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock
quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. ESLdirectory.com
shall not be responsible or liable for the
accuracy, usefulness or availability of any information
transmitted via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on
such
information.
21. NOTICE
Notices to you may be made via either email
or regular mail. The Service may also provide notices of
changes to the TOS or other matters by displaying notices or
links to notices to you generally on the
Service.
22. TRADEMARK INFORMATION
ESLdirectory.com, the ESLdirectory.com
logo, My ESLdirectory.com trademarks and service
marks, and other ESLdirectory.com logos and product and service
names are trademarks of ESLdirectory.com Inc. (the "ESLdirectory.com
Marks"). Without ESLdirectory.com's prior permission, you agree
not to display or use in any manner, the ESLdirectory.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
ESLdirectory.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide ESLdirectory.com's Copyright Agent the following
information:
1.an electronic or physical signature of
the person authorized to act on behalf of the owner of the
copyright interest;
2.a description of the copyrighted work
that you claim has been infringed;
3.a description of where
the material that you claim is infringing is located on the
site;
4.your address, telephone number, and email
address;
5.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;
6.a statement by
you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's
behalf.
ESLdirectory.com's Copyright Agent for Notice of
claims of copyright infringement on its site is Joseph Cronin
who can be reached as follows: By
mail:
Joseph Cronin, President
c/o ESLdirectory.com
11 Hersey Street
Hingham, MA 02043
By email: mailto:webmaster@ESLdirectory.com
24. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and ESLdirectory.com and govern your use of
the Service, superceding any prior agreements between you and ESLdirectory.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and ESLdirectory.com shall be governed by
the laws of the State of California without regard to its
conflict of law provisions. You and ESLdirectory.com agree to
submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California.
The failure of ESLdirectory.com to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are
for convenience only and have no legal or contractual
effect.
25. VIOLATIONS
Please report any violations of the TOS
to our Customer Care group.
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