EDUFOCAL TERMS OF USE

1. ACCEPTANCE OF TERMS

EduFocal provides a collection of interactive online resources, including content and practice questions in a variety of academic subject areas, and messaging services (referred to hereafter as "the Service"), for students subject to the following Terms of Use ("TOU"). By using or accessing the Service in any way, you (or your parent or guardian on your behalf, if you are under the age of 18) agree to comply with the TOU, and abide by any applicable posted guidelines for the Service, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with EduFocal in any way, your only recourse is to immediately discontinue use of EduFocal. EduFocal has the right, but not the obligation, to enforce the TOU through means including, but not limited to, investigation, termination of your account, and/or litigation.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://edufocal.com/page/terms_of_service

3. CONTENT

You understand that all student generated content (including text or images) posted on, transmitted through, or linked from the Service, is the sole responsibility of the person from whom such content originated. Consequently, you are solely responsible for all content that you post, email or otherwise make available via the Service. You understand that, while EduFocal endeavors to pre-screen student generated content, it does not do so in every case, and is thus not responsible for student generated content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that EduFocal shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for any reason.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Furthermore, the EduFocal site and content available through the Service may contain links to other websites, which are completely independent of EduFocal. EduFocal makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You rely on the content of any external websites at your own risk, and that under no circumstances will EduFocal be liable in any way for any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.

You agree that EduFocal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and another user, or you and a third party. If there is a dispute between users of this site, or between users and any third party, you understand and agree that EduFocal is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release EduFocal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service.

4. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that content on the EduFocal site constitutes copyright infringement of work belonging to you, or that your intellectual property rights have been otherwise violated, please notify EduFocal at:

copyrightviolation@edufocal.com

or:

EduFocal Limited

Suite #8,

Technology Innovation Centre,

University of Technology,

237 Old Hope Road,

Kingston 6,

Jamaica W.I.

Please include the following information:

a) an identification of the material on the EduFocal site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you including the following information: (1) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (2) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (3) certifying that you believe the above information in your Notice to be true;

c) Your address, telephone number, and email address; and

d) Your physical or electronic signature.

EduFocal will investigate, and, depending on the results of its investigation, may remove the infringing posting(s).

5. PRIVACY AND INFORMATION DISCLOSURE

EduFocal has established a Privacy Policy to explain to users how their information is collected and used, which is published at:

http://edufocal.com/page/privacy_policy

Your use of the EduFocal website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that EduFocal may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of EduFocal, its users or the general public.

6. CONDUCT

You agree not to post, email, or otherwise make available content that:

a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) is pornographic or depicts nudity or any sexual conduct;

c) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) violates any law or regulation;

e) impersonates any person or entity, including, but not limited to, an EduFocal employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

f) includes personal or identifying information about another person without that person's explicit consent, or otherwise violates their right to privacy;

g) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

h) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

i) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.

j) 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;

k) disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

l) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

m) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

n) "stalk" or otherwise harass anyone;

o) collect personal data about other users for commercial or unlawful purposes;

p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;

q) post content that is not relevant to the Service, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

r) attempt to gain unauthorized access to EduFocal’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the EduFocal website;

s) use any form of automated posting device that enables the submission of postings on EduFocal without each posting being manually entered by the author thereof, including without limitation, the submission of postings in bulk, or the automatic submission of postings at specified intervals; or

t) (for registered users) share your login or password with others, or (for all users) use the login or password information of someone else.

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to EduFocal users or through EduFocal computer systems is expressly prohibited by the TOU, and any unauthorized use of EduFocal computer systems is a violation of the TOU, as well as certain laws, including without limitation the Cybercrimes Act. Such violations may subject you or your agents to civil and criminal penalties.

8. LIMITATIONS ON SERVICE

The Service is directed to members of academic communities, including students and faculty, and use of the Service, or certain aspects thereof, may be limited to such individuals, by whatever means EduFocal chooses to use.

You acknowledge that EduFocal may also establish limits concerning use of the Service, including the aspects of the service that are available to registered or unregistered users, the maximum number of days that content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that EduFocal has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that EduFocal reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that EduFocal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. ACCESS TO THE SERVICE

For good and valuable consideration received, including without limitation, payment of the annual fee, EduFocal grants you a limited, revocable, nonexclusive license to access the Service for your own personal use for one (1) year. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by EduFocal. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service.

Registered users are prohibited from sharing their login or password information with others, including specifically, but not limited to, persons who are not members of academic communities.

Use of the Service beyond the scope of authorized access granted to you by EduFocal immediately terminates said permission or license.

10. TERMINATION OF SERVICE

You agree that EduFocal, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if EduFocal believes that you have violated the letter or spirit of the TOU. Further, you agree that EduFocal shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. No refunds will be given for early termination in accordance with this Section. Sections 11-15 shall survive termination of the TOU.

11. PROPRIETARY RIGHTS

EduFocal reserves all rights in the Service, content displayed on or through the Service, and any intellectual property associated with or embodied by the Service. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of EduFocal. You further agree not to reproduce, duplicate or copy content from the Service without the express written consent of EduFocal, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

You automatically grant, and you represent and warrant that you have the right to grant, to EduFocal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of any content you post to any public area of the Service. Furthermore, by posting content to any public area of the Service, you automatically grant EduFocal all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Service by any party for any purpose.

12. COMPETITIONS

From time to time, EduFocal may conduct prize competitions as part of the Service. You agree that you will abide by the TOU as well as all Rules for each competition, as posted from time to time, when participating in any such competition. In regards to referral contests members are not allowed to sign up on behalf of other members. Doing so may lead to disqualification from the competition or competitions

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE EDUFOCAL SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EDUFOCAL SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EDUFOCAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EDUFOCAL SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EDUFOCAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EDUFOCAL SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE EDUFOCAL SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EDUFOCAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE EDUFOCAL SITE OR THE SERVICE.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EDUFOCAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EDUFOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EDUFOCAL SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EDUFOCAL SITE OR THE SERVICE, FROM INABILITY TO USE THE EDUFOCAL SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EDUFOCAL SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EDUFOCAL SITE OR THE SERVICE OR ANY LINKS ON THE EDUFOCAL SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EDUFOCAL SITE OR THE SERVICE OR ANY LINKS ON THE EDUFOCAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. INDEMNITY

You agree to indemnify and hold EduFocal, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. Payment Terms

  1. General Terms. If you are purchasing an EduFocal account, you will be charged automatically and immediately using the payment method you have selected. Unless otherwise indicated, all currency references are in JMD dollars.

  2. Cancellation of Subscription. Please note, unless EduFocal gives notice to the contrary, payment for the service are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund.

  3. Termination. If your payment is invalid for any reason, you will not be able to utilize the service. EduFocal accepts no liability for information or content that is deleted due to an invalid payment.

16. GENERAL INFORMATION

The TOU constitutes the entire agreement between you and EduFocal and governs your use of the Service, superceding any prior agreements between you and EduFocal. The TOU and the relationship between you and EduFocal shall be governed by the laws of Jamaica. In case any dispute shall arise between the parties regarding any provision of this Agreement or the construction or meaning of any term contained in this Agreement, such dispute shall be referred at the option of either party to a Mediator to be agreed upon by the parties. All fees and expenses associated with the mediation shall be shared equally responsible for all fees and expenses associated therewith. If, after mediation, the parties are still unable to resolve their dispute, then either party may submit the dispute to binding Arbitration under the Arbitration Act, with a single Arbitrator to be agreed upon by the parties. If the parties are unable to agree on an Arbitrator, then such Arbitrator will be chosen by the President of the Bar Association of Jamaica. The failure of EduFocal to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.

Your connection to www.edufocal.com is encrypted with 256-bit encryption.The connection uses TLS 1.0.The connection is encrypted using AES_256_CBC, with SHA1 for message authentication and DHE_RSA as the key exchange mechanism

17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by email to:

tos@edufocal.com 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, by you or others.