Last Updated: April 18, 2019
The terms include an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement:
- You will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or preceding;
- You are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
Account Creation. To use certain features of the site, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that:
- All required registration information submit is truthful and accurate;
- You will maintain the accuracy of all submitted information.
Account Responsibilities. You are fully responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to immediately notify Tower of any unauthorized use or suspected unauthorized use of your account or any other breach of security. Tower will not and cannot be liable for any loss or damage resulting from your failure to comply with the above requirements.
License. Subject to these terms, Tower grants you a non-transferable, non-exclusive, revocable, limited license to use and access the site solely for your own personal, noncommercial use.
Modification. Tower reserves the right, at any time, to modify, suspend, or discontinue the site (in part or in whole) with or without notice to you. You agree that Tower will not be liable to you or to any third party for discontinuation, modification, or suspension in connection within the site.
Maintenance or Support. You acknowledge and agree that Tower will have no obligation to provide you with any support or maintenance in connection with the site.
Ownership. Excluding any user content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its contents are owned by Tower. Neither these terms (nor your access to the site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the License section (defined above). Tower reserves all rights not granted in these terms. There are no implied licenses granted under these terms.
User Content. User content is defined as any and all information that a user submits to, or uses with, the site (e.g., postings or content provided in the user’s profile). You are exclusively responsible for your user content. You accept all risks associated with the use of your user content, including its accuracy, completeness or usefulness by others, or any disclosure of your user content that personally identifies you to a third party. You hereby represent and warrant that your user content does not violate Tower’s Acceptable Use Policy. You may not represent or imply to others that your user content is in any way provided, sponsored, or endorsed by Tower. You are exclusively responsible for your user content. Tower is not obligated to back-up your user content, and your user content may be deleted at any time without prior notice. You are exclusively responsible for creating and maintain your own backup copies of your user content.
License. You hereby grant, represent, and warrant that you have the right to do so, to Tower an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your user content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your user content on the site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content.
Enforcement. Tower reserves the right (but not the obligation) to review any user content, and to investigate and to take appropriate action against you in our discretion if you violate Tower’s Acceptable Use Policy or any other provision of these terms or otherwise create liability for Tower or any other person. Such action may include modifying or removing your user content, terminating your account, or reporting you to law enforcement authorities.
Feedback. Tower welcomes and encourages feedback. If you provide us with any feedback or suggestions regarding the site, you hereby assign to Tower all rights in such feedback and agree that Tower shall have the right to use and fully exploit said feedback and related information in any manner it deems appropriate. Tower will treat any feedback you provide to it as non-confidential and non-proprietary. You agree that you will not submit to Tower any information or ideas that you consider to confidential or proprietary.
You agree to pay back and hold Tower (and its officers, employees, and agents) harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or resulting out of your:
- Use of the site
- Violation of the terms
- Violation of applicable laws or regulations
- User content
Tower reserves the right, at your expense, to assume, exclusive defense and control of any matter for which you are to repay us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Tower. We will use reasonable efforts to notify you of any such action, claim, or proceeding once we are aware of it.
This site is provided on an “as-is,” “where is,” “as available,” “with all faults” basis, and Tower expressly disclaim any and all warranties and conditions of any kind, whether expressed, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable laws require any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the first date of use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by the law, in no event shall Tower be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if Tower has been advised of the possibility of such damages. Access to, and use of, the site is at your own discretion and risk, and you will be exclusively responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty US dollars (U.S. $50). The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms shall be in effect while you use the site or until you delete your account. Tower may suspend or terminate your rights to use the site (including your account) at any time for any reason at its sole discretion, including for any use of the site in violation of these terms. Consequent to the termination of your rights under these terms, your account and right to access and use the site will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from Tower’s live database. Tower will not have any liability whatsoever to you for any termination of your rights under these terms, including for the termination of your account or deletion of your user content. All provisions of this agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous provisions.
Changes. These terms are subject to change. Tower will notify of any changes to our terms by posting the new terms on this page. The last revision date for the terms is posted at the beginning of these terms. You are responsible for providing Tower with an up-to-date, active, and deliverable email address for you, and for periodically visiting our site and the terms to check for any changes. Continued use of the Tower site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Electronic Communications. The communications between Tower and you use electronic means, whether you use the site or send us emails, or we post notices on the site or communicate with you via email. For contractual purposes, you:
- Consent to receive communications from Tower in an electronic form;
- Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tower provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy.
Entire Terms. These terms constitute the entire agreement between Tower and you regarding the use of the site. Tower’s failure to exercise or enforce any right or provision of these terms shall not operate as waiver of such right or provision. The section titles in these terms are for your convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these terms is, for any reason, found to be invalid or unenforceable, the other provisions of these terms will be unimpaired, and the invalid or unenforceable provision will be regarded as modified so that it is valid and enforceable to the maximum extent permitted by law.
Copyright Information. Copyright © 2019 Tower Education Technologies. All rights reserved. All logos and service marks (marks) displayed on the site are the property of Tower. You are not permitted to use these marks without our prior written consent.
Tower Education Technologies, Inc.
5531 N. University Drive
Coral Springs, FL 33067