On behalf of the CTE Online initiative, the Butte County Office of Education. ("BCOE") welcomes you. CTE Online and BCOE provide their service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with or without notice to you. You can review the most current version of the TOS at any time at:http://www.cteonline.org/terms. In addition, when using particular CTE Online or BCOE owned or operated services, you, CTE Online, and BCOE shall be subject to any posted guidelines or rules applicable to such services, which may be posted / or updated from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. CTE Online or BCOE may also offer other services that are governed by different Terms of Service.
CTE Online and BCOE provide users with access to a rich collection of curriculum and resources, including various communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any medium or device now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements or content from 3rd parties that comes associated and/or affiliated with an external resource or document that has been included as part of a partnership or on behalf of another user and that these advertisements may be necessarily coupled with the resource or document as a condition of the original owner/originator of said resource or document for CTE Online/BCOE to provide it as part of the comprehensive Service. You also understand and agree that the Service may include certain communications from BCOE, such as service announcements, administrative messages, and notifications. These communications are considered part of being a CTE Online account holder. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CTE Online/BCOE properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that CTE Online and BCOE assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings, information or data. Managing the complete and secure storage of all of your data should be primarily conducted off of CTE Online, whereas CTE Online Service provides a secondary location for all data the user deems important, critical, or valuable on some level. As is, the Service includes common export features for all generated and shared data in addition to the common exporting tools available on most common browser configurations. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any fees associated with the display or delivery of advertisements. In addition, it is the users' responsibility to provide and be responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, 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. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CTE Online or BCOE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CTE Online or BCOE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). CTE Online and BCOE are concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for children.
You are responsible for maintaining the confidentiality of your CTE Online account and password and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CTE Online/BCOE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CTE Online/BCOE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (5).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BCOE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CTE Online and BCOE do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You agree that in your use of the Service, you will not create Content that is offensive, indecent or objectionable. Under no circumstances will CTE Online or BCOE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
You acknowledge that CTE Online and BCOE may or may not pre-screen Content, but that CTE Online, BCOE and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, CTE Online, BCOE and their designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CTE Online or BCOE or submitted to CTE Online or BCOE, including without limitation information in CTE Online Message Boards, Resources Uploads and in all other parts of the Service.
You acknowledge, consent and agree that CTE Online and BCOE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CTE Online, BCOE and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
When you register with CTE Online/BCOE, you acknowledge that in using CTE Online/BCOE services to send electronic communications (including but not limited to email, search queries, sending messages, uploading files, and other Internet activities), you will be causing communications to be sent through CTE Online/BCOE's computer networks and the California Research and Education Network. As a result, and also as a result of CTE Online/BCOE's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Your agreement to this TOS constitutes your consent to allow CTE Online/BCOE to store Content on its servers. From time to time CTE Online/BCOE will send you notices to let you know about important changes to the Service. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.
CTE Online/BCOE does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CTE Online/BCOE the following worldwide, royalty-free and non-exclusive license(s). With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CTE Online/BCOE removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the CTE Online/BCOE network of properties that are intended by CTE Online/BCOE to be available to the general public. One example of publicly accessible areas of the Service are those that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions the CTE Online/BCOE services that are limited to members, CTE Online/BCOE services intended for private communication, or areas off of the CTE Online/BCOE network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CTE Online/BCOE.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CTE Online/BCOE through its suggestion or feedback webpages, you acknowledge and agree that:
You agree to indemnify and hold CTE Online/BCOE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights related to your use of the Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that CTE Online/BCOE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service. You agree that CTE Online/BCOE has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that CTE Online/BCOE reserves the right to log off accounts that are inactive for an extended period of time (180 days). You further acknowledge that BCOE reserves the right to modify these general practices and limits from time to time.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers," that
accesses the Service in a manner that sends more request messages
to the Service in a given period of time than a human can
reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, the Service
grants the operators of public search engines permission to use
spiders to copy materials from the site for the sole purpose of and
solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of
such materials. The Service reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information,
including account names, from the Service, nor to use the
communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Service with
respect to their Content.
CTE Online/BCOE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CTE Online/BCOE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CTE Online/BCOE may, under certain circumstances and without prior notice, immediately terminate your CTE Online/BCOE account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
Termination of your CTE Online/BCOE account can include
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CTE Online/BCOE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CTE Online/BCOE has no control over such sites and resources, you acknowledge and agree that BCOE 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 CTE Online/BCOE 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.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by CTE Online/BCOE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CTE Online/BCOE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CTE Online/BCOE for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CTE ONLINE, BCOE 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 CTE ONLINE/BCOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CTE Online/BCOE may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
The BCOE and CTE Online logo are trademarks and service marks and other BCOE logos and product and service names are trademarks of BCOE. Without BCOE's prior permission, you agree not to display or use the BCOE Marks in any manner.
CTE Online and BCOE respect the intellectual property of others, and we ask our users to do the same. CTE Online or BCOE may, in appropriate circumstances and at their discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 CTE Online/BCOE's Copyright Agent the following information:
CTE Online/BCOE's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Entire Agreement. The TOS constitutes the entire agreement between you and CTE Online/BCOE and governs your use of the Service, superseding any prior agreements between you and CTE Online/BCOE with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other CTE Online/BCOE services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and CTE Online/BCOE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BCOE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Butte, California.
Waiver and Severability of Terms. The failure of CTE Online/BCOE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CTE Online/BCOE account is non-transferable and any rights to your CTE Online/BCOE ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to the Center for the Advancement of Digital Resources in Education at BCOE.