| Terms of Use
Effective Date: This Terms of Use Agreement was last
updated on April 16, 2007
This Terms of Use Agreement sets forth the standards
of use of EducationRegistry.com Online Service for Registered
Members. By using the EducationRegistry.com com website
you (the User, which included the “Member”
and “Gift-Giver”) agree to these terms and
conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage
of this website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become
effective immediately upon being posted at EducationRegistry.com
website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance
of the Agreement and its modifications. Except as provided
in this paragraph, this Agreement may not be amended.
Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection
and arrangements thereof is ©2006 EducationRegistry.com,
will all rights reserved, or is the property of EducationRegistry.com
and/or third parties protected by intellectual property
rights. Any use of materials on the website, including
reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of
data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized
officer of EducationRegistry.com is strictly prohibited.
Users agree that they will not use any robot, spider,
or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein
without prior written permission of an authorized officer
of EducationRegistry.com.
EducationRegistry.com are proprietary marks of Education
Registry, LLC. EducationRegistry.com’s trademarks
may not be used in connection with any product or service
that is not provided by EducationRegistry.com, in any
manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits EducationRegistry.com.
All other trademarks displayed on EducationRegistry.com’s
website are the trademarks of their respective owners,
and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks
or links to the web sites of Vendors is not intended to
imply, directly or indirectly, that those Vendors endorse
or have any affiliation with EducationRegistry.com.
Disclaimer of Warranties.
The site is provided by EducationRegistry.com on an “as
is” and on an “as available” basis.
To the fullest extent permitted by applicable law, EducationRegistry.com
makes no representations or warranties of any kind, express
or implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability,
or otherwise. EducationRegistry.com shall have no liability
for any interruptions in the use of this Website. EducationRegistry.com
disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is
inapplicable.
User Accounts
All Users of EducationRegistry.com shall receive a password
and an account. Users are entirely responsible for any
and all activities which occur under their account whether
authorized or not authorized. Users agrees to notify EducationRegistry.com
of any unauthorized use of User’s account or any
other breach of security known or should be known to the
User. User’s right to use the Service is personal
to the User. User agrees not to resell or make any commercial
use of the Service without the express written consent
of EducationRegistry.com.
If you create an account on Education Registry you are
solely responsible for maintaining the confidentiality
of your account, including your username and password
and you agree to accept responsibility for any and all
activities that occur on your account or under your password.
If you are under 18 years of age, you may only use EducationRegistry.com
with the involvement and under the supervision of a parent
or guardian. EducationRegistry.com reserves the right
to refuse service, terminate accounts or cancel orders
at their sole discretion.
Content and Material Sent and Posted to Site
You communications to us and users of this site may contain
comments, questions and suggestions as long as the content
is not threatening, defamatory, invasive of privacy, obscene,
illegal, or otherwise injurious to third parties or objectionable
and does not consist of computer viruses, political campaigning,
commercial solicitation, chain letters, mass mailings
or any form of “spam”. You may not use an
e-mail address that is non-existent or not in use by you.
EducationRegistry.com reserves the right to remove all
such content.
By submitting content or material to EducationRegistry.com
you grant EducationRegistry.com nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display
such content throughout the world in any media. This does
not include any contact or billing information. In addition,
you grant us the right to use your submitted name in connection
with such content. EducationRegistry.com reserves the
right to monitor and edit any activity or content and
assumes no responsibility for content posted by you or
to you by any third party.
Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other
third parties. You acknowledge that EducationRegistry.com
is not responsible for the availability of, or the content
located on or through, any third-party site. You should
contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of
those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible
therein. We encourage all Users to review said privacy
policies of third-parties’ sites.
Indemnification
Users of EducationRegistry.com agree to indemnify and
hold EducationRegistry.com, its parents, subsidiaries,
affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or arising
out of User’s use of the Service, the violation
of this Agreement, or infringement by User, or other user
of the Service using User’s computer, of any intellectual
property or any other right of any person or entity.
Storage and Use of Data
EducationRegistry.com may place limits on the use and
storage of data on our site, including the amount of time
that member content may remain on the site or set limits
regarding levels of activity. You agree that EducationRegistry.com
will not be responsible or liable for the deletion or
editing of messages or content on the site and agree that
EducationRegistry.com has the right to terminate accounts
that are inactive for a period of one year.
Modifications and Interruption to Service
EducationRegistry.com reserves the right to modify or
discontinue the Service with or without notice to the
Member. EducationRegistry.com shall not be liable to User
or any third party should EducationRegistry.com exercise
its right to modify or discontinue the Service. User acknowledges
and accepts that EducationRegistry.com does not guarantee
continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances
outside of our control.
Taxation
You acknowledge that EducationRegistry.com makes no claims
or promises regarding any and all tax obligations or consequences
that may result from your membership or monetary contributions
on EducationRegistry.com website. You agree that EducationRegistry.com
has no obligation to maintain records or provide you with
documentation of your transactions with charitable/non-profit
organizations for tax reporting purposes.
Your Information
EducationRegistry.com may collect personal information
from its Users to allow you to use the personalized resources
we provide through our services. Personal information
includes, but is not limited to, name, address, e-mail
address, phone number, date of events registering for,
and billing information that itself identifies, or when
tied to the above information, may identify you as a specific
individual.
Children
EducationRegistry.com is committed to protecting the
privacy of children and does not intentionally or knowingly
collect personal information from children under the age
of thirteen.
Payment
Education Registry does not process payments for registrants. All payments received are the responsibility of individual gift-givers. If registrants choose to use a PayPal or another third-party payment processing account, this account should be considered separate from services that Education Registry offers and is subject to the terms and conditions of that account.
When gift-givers indicate the amount they plan to donate, this is not a legal contract, and is therefore, subject to change. Gift-givers have the right to change their donation amount or to choose not to make a contribution as indicated on a registry page.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use
EducationRegistry.com in any way that violates applicable
state, federal, or international laws, regulations or
other government requirements. User further agrees not
to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state,
national, or international law or regulation.
Governing Jurisdiction of the Courts of Pennsylvania
Our website is operated and provided in the State of
Pennsylvania. As such, we are subject to the laws of the State
of Pennsylvania, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make
no representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of the State of
Pennsylvania.
Other Terms
If any provision of this Terms of Use Agreement shall
be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. You agree
that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by EducationRegistry.com,
in our sole discretion, to a third party in the event
of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation
to your participation as a User. User agrees that by accepting
this Terms of Use Agreement, User is consenting to the
use and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement.
By utilizing EducationRegistry.com as a User (“Member”
or “Gift-Giver”), you acknowledge that you
have read and agree to be bound by these Terms and Conditions.
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