EdReadySearch.org User Agreement
Before you will be authorized to log in and use EdReadySearch.org, you are required to familiarize yourself with and accept the User Policy and Agreement for which follows.
Please read the User Policy and Agreement and indicate your acceptance by checking "Yes! I agree to Terms."
This Agreement outlines acceptable use of the EdReadySearch.org service ("the site") and other services as well as permissible and prohibited conduct for using EdReadySearch.org and other services. EdReadySearch.org users are responsible for complying with this Agreement and all other ERS policies. If you do not agree to comply with all of these policies including this Agreement, then you must immediately stop use of the service and notify ERS.
Defining "You," "ERS," "EdReadySearch.org," and the "Service"
The terms "you," "your," and "yours" refer to the user utilizing EdReadySearch.org. The user may be an individual, association, corporation, or other entity.
The terms "ERS," "we," "us," and "our" refer to Educational Research Service, Inc.
The terms "the site" and "EdReadySearch.org" refer to the EdReadySearch.org service provided by ERS in collaboration with the American Association of School Administrators, National Association of Elementary School Principals, National Association of Secondary School Principals, and National School Public Relations Association.
The term "service" refers to EdReadySearch.org.
Changes, Access, and Acceptance
We reserve the right to change this Agreement at any time as we see needed. If you violate the terms of this Agreement, ERS has the rights described elsewhere in this Agreement, which include canceling your access to EdReadySearch.org and permanently banning you from using the site and any of ERS's other services. You should check the Agreement periodically. By using the site after we post changes to this Agreement, you agree to accept those changes, whether or not you actually reviewed them.
Prohibited Uses and Activities
Prohibited uses of EdReadySearch.org by you include, but are not limited to:
- use or attempted use or access of EdReadySearch.org without first registering or and accepting the EdReadySearch.org User Policy and Agreement;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of EdReadySearch.org or of any user, supplier, host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of the site or of any user, supplier, other hosts, networks, or accounts;
- use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted or explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
- copy, distribute, or sublicense any software provided in connection with the service by ERS;
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the service, server, backbone network, node or service, or otherwise cause a performance degradation to ERS facilities used to deliver EdReadySearch.org or other ERS services;
- relicense or resell the service or otherwise make available to anyone outside the premises the ability to use the service, in whole or in part, directly or indirectly, or on a bundled or unbundled basis;
- service, alter, modify, or tamper with the service or permit any other person to do the same who is not authorized by ERS; and
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host.
Product Availability and Suppliers; Product Descriptions
ERS relies upon its own materials and also a network of associations, researchers, publishers, vendors and others who supply the research, information, articles, studies, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") provided on EdReadySearch.org. ERS is not liable for any infringement of copyrights, trademarks, trade dress, or other proprietary or intellectual property rights arising out of the Content posted on or transmitted through the service, except for the Content created by ERS.
ERS attempts to be as accurate as reasonably possible. However, you acknowledge that most products and services descriptions will be written by the providers of the products or services. Therefore, ERS does not warrant that a product or service description is accurate, complete, reliable, current, or error-free. If the product or service offered is not as described, your sole remedy is to no longer use it and request a refund.
Product Purchases
Where the service authorizes it, you may purchase, download and print Content from EdReadySearch.org, provided you follow the procedures for purchasing, downloading, and payment. The material which you download or print shall be subject to the copyright or other intellectual property rights of the owner.
Unless you contract for it in a separate written document, your authority to use EdReadySearch.org and to download and print Content does not include a license for any resale, relicensing, or commercial use of the site or the Content. Neither EdReadySearch.org nor any portion of it or its Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ERS or the owner of the Content, as the case may be.
Prices and Payment
Prices for licensing or purchasing Content from EdReadySearch.org or a site linked to it are established by ERS and the Content owner, and ERS does not have authority to negotiate with the user or purchaser to alter the prices set by other parties. In addition, the prices are subject to change without notice.
Payment for your purchases from EdReadySearch.org is due and must be paid by you at the time you place your order.
Copyright Infringement
You acknowledge that EdReadySearch.org and its Content (information, articles, studies, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material) are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected, in all forms, whether in media and technologies existing now or hereinafter developed.
ERS is committed to complying with U.S. copyright and related laws, and requires all users of the service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the service (or any part of the service) in any manner that constitutes an infringement of ERS's or a third party's intellectual property rights, including rights granted by U.S. copyright law or international copyright law. It is our policy in accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") and other applicable laws to reserve the right to terminate the service provided to any user who is found to infringe ERS or third-party copyright or other intellectual property rights, including repeat infringers, or who we believe in our sole discretion is infringing these rights. ERS may terminate the service at any time with or without notice for any offending customer or user. In addition, all other rights and remedies of the copyright or other intellectual property owner against an infringer or alleged infringer are preserved.
Trademarks
ERS and other trademarks appearing on EdReadySearch.org are registered trademarks or service marks of ERS and others. Our graphics, logos, pages headers, button icons, scripts and service names are trademarks or trade dress of ERS or of ERS and other joint owners. ERS's trademarks and trade dress may not be used in connection with any product or service that is not ERS's in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages ERS or EdReadySearch.org. Other trademarks that appear on the site are the property of their respective owners.
Links
We are not responsible for the content of any sites that may be linked to or from EdReadySearch.org or from an association, researcher, publisher, vendor, or another whose Web sites are accessible from the site. Any non-ERS Web sites accessed from the site are independent from ERS, and ERS has no control over the content of the other sites. A link to any other Web site does not imply that ERS or EdReadySearch.org endorses or accepts any responsibility for the content of such other Web site.
Inappropriate Content and Transmissions
ERS reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither ERS nor its agents have any obligation to monitor use of the service. However, ERS has the right to monitor use for violations of this policy or any EdReadySearch.org license agreement and to disclose, block, or remove violations.
Security
You are responsible for any misuse of the service, even if the misuse was committed by another employee, a friend, family member, or guest with access to your service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the service by, for example, strictly maintaining the confidentiality of your service login and password. In all cases, you are solely responsible for the security of your computer and any device you choose to connect to the service so that the computer or device are not subject to external threats such as viruses, spam, and other methods of intrusion; your responsibility includes protecting any data stored or shared on that device. ERS recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by ERS and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a LAN, for example, should be protected with a strong password or as otherwise appropriate.
Consent to Electronic Communications
You are communicating with us electronically when you visit EdReadySearch.org or send email messages to us. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all such agreements, notices, emails, disclosures, and other communications which we send to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimers and Limitations of Liability
The EdReadySearch.org site is provided on an "AS IS," "as available" basis. Neither ERS nor its officers, directors, employees, agents, third-party content providers, designers, contractors, or licensors warrant that use of EdReadySearch.org will be uninterrupted or error-free. They do not warrant the accuracy, integrity, or completeness of the Content provided on the site or the products or services offered for sale or license on the site. Further, we make no representation that the Content provided on the site is applicable or appropriate for use in locations outside of the United States. ERS SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Under no circumstances shall ERS be liable for any direct, indirect, non-economic, incidental, special, consequential, or punitive damages that result from use of or inability to use EdReadySearch.org, including but not limited to reliance by a user on any information obtained from the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to ERS records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, warranty, negligence, or other tortious action, even if an authorized representative of ERS has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, products, and services available through EdReadySearch.org.
Violation of Acceptable Use Policy
ERS does not routinely monitor the activity of service accounts for violation of this Agreement. However, in our efforts to promote good citizenship within the community, we will respond appropriately if we become aware of inappropriate use of our service. Although ERS has no obligation to monitor the service, we reserve the right at any time to monitor usage and content from time to time to operate the service, to identify violations of this policy, and/or to protect the service and its users.
ERS prefers to advise users of inappropriate behavior and any necessary corrective action. However, if the service is used in a way that we, at our sole discretion, believe violates this Agreement, we may take any responsive actions deemed appropriate. These actions include, but are not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or any portion of the service. ERS will have no liability for any of these responsive actions. These actions are not our exclusive remedies and we may take any other legal or technical action we deem appropriate.
ERS reserves the right to investigate suspected violations of this Agreement, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on our server and network. During an investigation, we may suspend the account or accounts involved and/or remove or block material that potentially violates this policy. You expressly authorize us to cooperate with: (i) law enforcement authorities in the investigation of suspected legal violations; and (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce this policy. This cooperation may include providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, ERS is authorized to delete any and all files and other data and programs associated with your account.
The failure of ERS to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
You agree to indemnify, defend, and hold harmless ERS and its agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this Agreement or resulting from your violation of the Agreement or of any other posted ERS policy related to the service.
Disputes
Any dispute relating in any way to your visit to EdReadySearch.org or other ERS services site or to products or services you purchase through the site or ERS shall be submitted to confidential arbitration in Alexandria, Virginia, USA, except that, to the extent you have in any manner violated or threatened to violate ERS's or another's copyright or intellectual property rights, ERS may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, and you consent to the exclusive jurisdictions and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
