Terms of Service
Welcome to ECCTYC.org (“Web site”). English Council of California Two-Year Colleges and/or its affiliates (“ECCTYC”) provide Web site features to you subject to the following conditions. Please read this Terms of Service (“TOS”) carefully. We strongly recommend that, as you read this TOS, you also access and read linked information (if any), since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Web site constitutes acceptance of this TOS. In addition, when you use any current or future ECCTYC services (e.g., Online Shoppe, or Forum) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
1. Description of Services
The Web site provides users with access to organization information and content, community forum, and sales of promotional items online (collectively the “Service”).
2. License and Site Access
ECCTYC grants you a limited license to access and make personal use of the Web site and the Service. This license does not include: any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Web site and the framing of any content available through the Web site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in ECCTYC’s sole discretion) an unreasonable or disproportionately large load on ECCTYC’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by ECCTYC to prevent or restrict access to the Web site. Any unauthorized use by you shall terminate the permission or license granted to you by ECCTYC.
3. Membership Eligibility
The ECCTYC.org Service is not available to minors under the age of 18 or to any users suspended or removed from the system by ECCTYC for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your ECCTYC.org account to another party. If you do not qualify, you may not use the ECCTYC.org Service or the Web site.
4. Your Account
In consideration of your use of the Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are under 18, you may use the Web site and its Services only with involvement of a parent or guardian. ECCTYC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Web site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or ECCTYC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ECCTYC has the right to suspend or terminate your account and refuse any and all current or future use of the Web site (or any portion thereof).
If you use the Web site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you Sign out from your ECCTYC.org account at the end of each session. You agree to notify ECCTYC immediately of any unauthorized use of your account or any other breach of security.
5. Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE ARE PROVIDED BY ECCTYC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ECCTYC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
ECCTYC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN ECCTYC, (B) ANY CONTENT PROVIDED ON OTHER WEB SITES LINKED TO (“LINKED SITE”) OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ECCTYC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECCTYC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 ECCTYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEB SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold ECCTYC (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
The Web site or third parties may provide links to other World Wide Web sites or resources. Because ECCTYC has no control over such sites and resources, you acknowledge and agree that ECCTYC 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 ECCTYC 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.
8. Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web site may be subject to prosecution.
The trademarks, logos and service marks (“Marks”) displayed on the Web site are the property of ECCTYC and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of ECCTYC or such third party which may own the Marks. All information and content including any software programs available on or through the Web site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Web site for commercial or public purposes.
10. Notice and Procedure for Claims of Intellectual Property Infringement
ECCTYC respects the intellectual property of others. ECCTYC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of ECCTYC or a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ECCTYC Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) 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;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ECCTYC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:By mail:
c/o Chella Courington
Santa Barbara City College
721 Cliff Dr.
Santa Barbara, CA 93109
By phone: 805-965-0581
By email: firstname.lastname@example.org
ECCTYC may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
These Terms will continue to apply until terminated by either you or ECCTYC as set out below:
(i) If you want to terminate these Terms, you may do so by ceasing your use of the Web site and any Services available through the Web site.
(ii) ECCTYC may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) ECCTYC is required to do so by law; or (C) ECCTYC decides to no longer provide any or all of the Web site’s Services.
12. Modification and Notification of Changes
ECCTYC reserves the right to make changes to the Web site, related policies and agreements, this TOS and the Statement of Privacy at any time. If ECCTYC makes a material modification to this TOS, it will notify you by:
(i) sending an email to the address associated with your account. ECCTYC is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add ecctyc.org to the list of domains approved to send you email (commonly known as your “whitelist”); and
(ii) displaying a prominent announcement above the text of this TOS or the Statement of Privacy, as appropriate, for thirty (30) days,
with (i) and (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the TOS or the Statement of Privacy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Statement of Privacy. If you have not used the Web site for more than 30 days, you should check these two sections for any modifications to the TOS or Statement of Privacy prior to any further use of the Web site. Should you wish to terminate your account due to a modification to the TOS or the Statement of Privacy, you may do so by sending an email with the subject line “Termination” to the following email address: email@example.com. If you choose to continue using the Web site, you agree that by doing so you will be deemed to accept the new TOS or Statement of Privacy, as relevant.
05/26/2011: Initial version posted