Course User Agreement for GetEdutained.com Portal (affirmative click by EACH USER)
IMPORTANT–PLEASE READ THIS COURSE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. BEFORE USING THE MATERIAL CONTAINED ON DYNAMIC INFLUENCE’S ONLINE CURRICULUM WEB PORTAL (THE “LICENSED CONTENT”), YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY SELECTING THE BOX MARKED “I AGREE” ON THE REGISTRATION FORM. THIS AGREEMENT IS SUPPLEMENTARY TO, AND INCORPORATES ALL OF THE TERMS OF USE (link to terms of use) OF THIS WEB PORTAL.
License
In consideration of the subscription fee paid by you or by an institution on your behalf, Dynamic Influence (hereinafter referred to as “Dynamic Influence”, “we” or “us”), in connection with Dynamic Influence’s Curriculum (the “Curriculum”), grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use and access individual screens containing the Licensed Content on appropriate computer terminals.
Ownership and Limitation of License
Any and all content created or provided by Dynamic Influence is the sole and exclusive property of Dynamic Influence, and is protected by U.S. laws and international treaties. Licensee and its Authorized Users may not download, transmit, copy, store, publish or distribute the Licensed Content in any form or by any means, except as expressly set forth in this Agreement, or as otherwise authorized in writing by Dynamic Influence. By indicating acceptance of these terms, Licensee does not become the owner of the Dynamic Influence Curriculum Materials, but is entitled to use them as specifically permitted according to the terms of this Agreement and subject to all additional intellectual property notices, information or accessed through this website.
Subscription Term
You and, if applicable, your institution have obtained the right to use and access the Licensed Content for a specific limited period of time, i.e., the subscription period, which is agreed upon purchase. At the end of this period, your license and/or your institution’s license and your associated rights will expire automatically, unless you or your institution has renewed its subscription on Dynamic Influence’s then-current terms. The Agreement and your license to use the Licensed Content will also automatically terminate if you fail to comply with any term or condition in this Agreement or as otherwise set forth in your institution’s license. In the event this license is terminated, you must immediately destroy any copies you have made of the Licensed Content and you will not be not entitled to a refund of any registration, license or other fee paid by you or Licensee to Dynamic Influence.
Permitted Uses and Prohibitions
The sole use of the Licensed Content is for Licensee’s and each Authorized User’s non-commercial, educational use in connection with Licensee’s self-directed learning or classroom education program. Licensee may copy, redistribute and reproduce the Licensed Content for delivery to the Authorized Users subject to these terms of use. Licensee and its Authorized Users may not alter or attempt to alter or modify any part of the Licensed Content or the information contained therein, except that Licensee may add information relevant to Licensee’s Institution, or as required by or related to local or State law [in place of /or supplemental to Dynamic Influence specific or Massachusetts specific information]. Any such modification should be noted with a footnote that the Licensee has added such reference to the Dynamic Influence supplied materials. Licensee and Authorized Users agree that they may not remove any Dynamic Influence credit or attribution, including attribution to the Dynamic Influence authors. Licensee may not provide supplemental materials without language making clear that such material is not part of the original material supplied by Dynamic Influence. Licensee may present the chapters out of order.
Use of Professional Judgment
In providing the Licensed Content, Dynamic Influence is not engaged in rendering medical advice, diagnosis or other medical or professional services. The Licensed Content is made available for Licensee’s and its Authorized Users’ for educational and informational purposes only and not as a substitute for Licensee’s or its Authorized Users’ analysis or judgment. Licensee and its Authorized Users must exercise professional judgment when using any information contained in the Licensed Content and take sole responsibility for its use.
Dynamic Influence and the editors and authors of the Curriculum have conscientiously and carefully tried to provide medical information that conform to the standards of professional practice prevailing at the time of publication. While the Curriculum authors use reasonable efforts to see that no inaccurate or misleading data, opinion, or statement appear in Curriculum, we do not warrant or guaranty the completeness or accuracy of the Licensed Content. Additionally, standards and practices change as new data become available and the individual professional should consult a variety of sources in decisions for individual students. Although updates to our Materials are issued periodically we do not guaranty the timeliness of any Licensed Content.
The Curriculum describes basic principles of social media, some of the potential dangers, and promotes the social and emotional learning to use social media and technology responsibly. The information provided in the Curriculum is no substitute for individual student assessment based upon your schools examination of each student and other factors unique to the student. The Curriculum should be used as an educational tool to help the user be aware of technology and social media risks and how to use it responsibly, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Curriculum.
Accordingly, Dynamic Influence, and its employees, accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree to defend, indemnify and hold harmless Dynamic Influence, its employees, and third party suppliers and licensors from and against any claims, actions, demands, judgments, liabilities, fines, penalties and expenses, including but not limited to reasonable attorneys fees, resulting from or alleged to result from, your use of or reliance upon any Materials.
NO WARRANTY
THE CURRICULUM IS PROVIDED “AS IS” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY OR TIMELINESS. DYNAMIC INFLUENCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE LICENSED CONTENT, THE CURRICULUM, THE INFORMATION PROVIDED THEREIN OR SERVICES PROVIDED THEREWITH WILL BE UNINTERRUPTED OR ERROR‑FREE. DYNAMIC INFLUENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. DYNAMIC INFLUENCE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF LICENSEE’S OR ITS AUTHORIZED USERS’ USE OF THE LICENSED CONTENT OR FOR LICENSEE’S AND ITS AUTHORIZED USERS’ RELIANCE ON ANY INFORMATION PROVIDED BY OR IN THE LICENSED CONTENT OR CURRICULUM MATERIALS, EVEN IF DYNAMIC INFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DYNAMIC INFLUENCE’S LIABILITY TO LICENSEE FOR ANY CLAIM FOR DAMAGES RELATING TO THE LICENSED CONTENT AND/OR THE CURRICULUM MATERIALS, REGARDLESS OF THE FORM OF THE ACTION, AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT OF THE LICENSING FEE PAID BY LICENSEE FOR THE THEN CURRENT TERM.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
General
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Dynamic Influence. Dynamic Influence’s waiver of any right shall not constitute a waiver of that or any other right in the future. This web site is controlled and operated by Dynamic Influence from its offices in Massachusetts. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of Massachusetts, USA. Dynamic Influence makes no representation that this material is appropriate for users in other jurisdictions. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Should you have any questions regarding this Agreement, you may contact Robert Hackenson at (508) 963-5555.
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