Terms of Service
Welcome to GlobalTeacherEducation.org
About THE TERMS
This Site - and the Services provided - is owned and operated by Global Teacher Education Inc. (which we refer to as “GTEI,” “us,” “we” or “our” throughout these General Terms). GTEI is a public charity exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Our references to “you” may include others acting on your behalf or who otherwise utilize the Services through your account.
Your use of the Services is subject, at a minimum, to the terms and conditions set out in these General Terms. In addition, your use of the Services will also include the terms of any other policies and legal notices applicable to the Services, which we refer to as “Additional Terms.” If Additional Terms apply to any Services, these Additional Terms will be accessible to you through your use of that Service through the Site. If any Additional Terms conflict with anything in the General Terms, the Additional Terms will take precedence. We refer to these General Terms and any Additional Terms collectively as the “Terms”.
ACCEPTING THE TERMS
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR BY ACCESSING, INSTALLING OR USING ANY SERVICES, YOU ARE AGREEING TO THE TERMS. IF YOU DO NOT AGREE WITH ANY TERMS, YOUR ONLY RECOURSE IS NOT TO USE THE SITE OR OTHERWISE ACCESS, INSTALL OR USE ANY SERVICES.
The Terms are a binding legal contract between you and GTEI relating to your use of the Services. You may not use the Services if (a) you are not of legal age to form a binding contract with GTEI, or (b) you are a person barred from receiving the Services under the laws of the United States or any other country, including your country of residence, from which you use the Services. By agreeing to the Terms, you represent that you have the legal capacity and authority to use the Services. If you are agreeing to the Terms on behalf of a legal entity, you represent that you have the authority to accept the Terms on behalf of that entity.
YOUR GTEI ACCOUNT
In order to use certain of the Services, you will need to create an account on the Site that is protected by a user name and password. You agree to provide us with accurate and complete information when you register for an account. If your contact or other account information changes, you are responsible for updating your account details promptly.
Once you create such an account, you can use the Services available to registered account holders subject to the Terms.
USING OUR SERVICES
You agree to use Services only for purposes that are permitted by the Terms, and agree not to misuse any Services. Without limiting the general requirement, you agree not to:
- Violate any applicable foreign, federal, state and local laws, rules and regulations, including those relating to export and re-export control;
- Access or attempt to access the Services by any means other than through the interface provided by GTEI through the Site;
- Access or attempt to access the Services through any automated means (such as through scripts or web crawlers);
- Harm, disrupt or otherwise engage in activity that would interfere with or disrupt the Services (or the servers or networks connected to the Services);
- Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or reverse engineer, decompile, disassemble, modify or create derivative works of the Services, or directly or indirectly permit a third party to do so;
- Misrepresent your identity, impersonate any person or access or attempt to access any account, computers or network relating to the Services without authorization;
- Use the Services to store, back up or distribute material protected by intellectual property rights of any third party, unless you own or have rights to the material; or
- Use the Services to store, back up or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Services or any person’s computer or other property.
You understand that GTEI has no responsibility to you or to any third party for any material or information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) that you upload to or access through the use of our Services, and that such Content is the sole responsibility of the person from which such Content originated. You are solely responsible for any Content that you transmit or upload to, or that is accessed through, the Services.
You agree that you are solely responsible for the consequences of any breach of your obligations under any Terms, and that GTEI has no responsibility to you or any third party for any consequence of any such breach by you.
You acknowledge and agree that, in connection with our provision of the Services, we may change the form and nature of the Services from time to time, without prior notice to you. We may stop (permanently or temporarily) providing the Services, or certain features within the Services, to you or to other users at our sole discretion, without prior notice to you.
GTEI accepts donations for the benefit of GlobalTeacherEducation.org on the Site, via PayPal. Donations are tax deductible to the full extent permitted under the law.
It is a violation of law for you to misuse or fraudulently use debit or credit cards. We will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.
Your right to raise payment discrepancies and any associated recovery is waived unless reported to us at support@GlobalTeacherEducation.org within sixty (60) calendar days after such discrepancy is discovered.
You agree and understand that you are responsible for maintaining the secrecy of your password and other account details associated with any use by you of any Services. Accordingly, you agree that you, and not GTEI, will be solely responsible to GTEI for all activities that occur under your account and any loss or damage arising from access to, content in, or sharing and use of your account.
If you become aware of any unauthorized use of your account, you agree to notify GTEI immediately at support at GlobalTeacherEducation dot org.
PRIVACY AND SECURITY
Intellectual Property and Proprietary Rights
You agree that GTEI (or our licensors) owns all legal right, title and interest in and to the Services, including any related intellectual property rights. Using the Services does not give you ownership of any intellectual property rights in the Services or any content you access.
Unless otherwise noted, all trademarks, service marks, and trade names (i.e., GTEI, our logos, and the design descriptions used in the Services and other distinctive brand features) are trademarks or registered trademarks of us or our licensors or affiliates. Nothing in the Terms gives you any right to use any of our trademarks, service marks or trade names.
You must follow and observe all copyright and other notices or other restrictions contained in any parts of the Services. You agree not to change or delete any trademark, legend, copyright or other ownership notice from any materials made available through the Services or copied, downloaded or printed through any Services. Any unauthorized use of any Services may violate copyright, trademark or other applicable intellectual property laws.
You acknowledge that the Services may include information that is designated as proprietary or confidential, and you agree that you will not disclose such information or allow others to attempt to access any such information.
LIMITED LICENSE FROM GTEI
GTEI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GTEI as a part of the Services as provided to you by GTEI (the “Software”). This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by the Terms. You agree that GTEI (or our licensors) owns all legal right, title and interest in and to the Software.
You may not, and you may not allow anyone else to, copy, modify, create a derivate work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part of the Software, unless expressly permitted or required by law. You may not assign or grant any sublicense of your rights to use the Software or otherwise transfer any part of your rights to use the Software.
COPYWRIGHT INFRINGEMENT COMPLAINTS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that Site materials or Services infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Site, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give us legally sufficient notice of infringement.
We suggest that you consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.
TERMINATION OF YOUR ACCOUNT
You may stop using the Services at any time, and do not need to notify us when you stop using the Services.
Your subscription will terminate if:
- You expressly cancel or elect not to renew your subscription;
- We discontinue providing the Services for any reason; or
- You fail to comply with the Terms in any respect.
We may also suspend providing the Services to you if we are investigating any suspected noncompliance with the Terms.
Following cancellation or termination of your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account. It is solely your responsibility to download, remove or delete your Content and/or to secure another source for meeting your needs with respect to your account Content.
The provisions set forth under the headings “Intellectual Property and Proprietary Rights,” “Copyright Infringement Complaints,” “Indemnity,” “Disclaimers and Exclusion of Warranties,” “Limitation of Liability,” “Governing Law,” “Injunctive Relief” and “General Legal Terms” survives any termination of the Services.
You agree to defend, indemnify and hold harmless GTEI and our affiliates and our and their respective representatives, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, losses, claims, damages, costs, and expenses, including attorneys fees, that arise from or relate in any way to your use of the Services, your violation of the Terms, your violation of any third-party rights, including any intellectual property rights, any misuse or fraudulent use of any credit or debit cards, any claims that the Services or any part thereof were exported or otherwise shipped or transported by you in violation of applicable laws, rules or regulations, or any claim of misuse of the Services, including any claims that you are storing illegal files or data in your account.
DISCLAIMERS AND EXCLUSIONS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
GTEI AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
- ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GTEI, OUR AFFILIATES, AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES.
THE LIMITATIONS ON GTEI’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF (1) US$100.00; OR (2) THE TOTAL AMOUNT PAID BY YOU TO GTEI FOR YOUR USE OF THE SERVICE GIVING RISE TO SUCH DAMAGE OR LOSS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We utilize email as a vital and primary communication channel with you. By using the Services and providing your email address to us, you grant us permission to communicate with you by email (as well as other communication channel such as phone and fax, that you may provide) for any purposes related to your use of the Services, including system messages, service announcements and other marketing purposes. We will use our best efforts to honor your request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to any user of the Services. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
These Terms apply only to the Services, and not to the websites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other website to which the Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator.
MODIFICATIONS TO THE TERMS
The Terms may be modified only by our posting of changes to them from time to time. When changes are made, we will make a new copy of the General Terms available at [embed link/reference], and any new or modified Additional Terms will be made available to you through the affected Services. To stay informed of any changes, please regularly review the Site for updates.
Your continued use of the Services following any modification to the Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to any new or modified Terms, you should discontinue your use of the applicable Services.
Your use of the Services, and the Terms and any other legal disclosures, will be governed by and construed in accordance with the laws of the State of [Connecticut], excluding all conflicts of laws rules. Except as provided below under the heading Injunctive Relief, any action relating to or arising out of your use of the Services will be filed only in courts located within the State of [Connecticut], and you consent to the exclusive jurisdiction of such courts with respect to any dispute, interpretation or related action regarding your use of the Services, or the Terms or any other legal disclosures.
In the event that you breach any of the requirements or conditions of your use of the Services, including the Terms, you acknowledge and agree that we will be greatly and irreparably damaged, and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
GENERAL LEGAL TERMS
If any provision of the Terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms are for the benefit of GTEI, our affiliates and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of the Terms shall not be considered a waiver of any provision or right, which will continue to be available to us.
If we provide you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only, and the English language version of the Terms will control.