1. Products, Services, and Content . James Madison Partners for Education, Inc. (“JMPE”) provides its products (“Products”), and/or services or online offerings (the “Services”) to you on this Web site. JMPE may add and change features, content, specifications, Products, Services, and prices of Products and/or Services described on this Web site, which will be subject to this TOU without notice. JMPE will use reasonable efforts to accurately describe our Products and Services. The inclusion of any Products or Services on this Web site at a particular time does not imply or warrant that these Products or Services will be available at any time.
2. Accuracy of Information. JMPE attempts to ensure that information on this Web site is complete, accurate, and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete, or out of date. JMPE makes no representation as to the completeness, accuracy, or recentness of any information on this Web site. For example, Products and Services included on the Web site may be unavailable, may have different features than those listed, or may actually carry a different price than that stated on the Web site. In addition, JMPE may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service. JMPE reserves the right, without prior notice, to limit the order quantity on any Product or Service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order.
3. Use of this Web site . The Web site design and all text, graphics, information, content, and other material displayed or described on, or that can be downloaded from, this Web site are either the property of, or used with permission by JMPE and are protected by copyright, trademark, and other laws and may not be used except as permitted in this TOU or with the prior written permission of the owner of such material.
4. Copyright. You acknowledge that JMPE Web sites, Services, channels, and any underlying technology used in connection with this Web site or the Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, “Content”) available within the JMPE Web sites are provided by JMPE or third-party providers and are the copyrighted works of JMPE and/or such third parties. Except as expressly authorized by JMPE or such third parties in this TOU or as may be offered in the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to JMPE in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
You may download and/or print a copy of Content for noncommercial personal or educational use only; provided that (a) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to JMPE and the applicable URL, and (b) no modifications of any of the Content are made except as may be expressly provided by JMPE or the third-party provider on the Web page containing the applicable Content. You acknowledge that JMPE and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
In the event you download software from the Web site, the software including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by JMPE. JMPE does not transfer title to the Software to you. As between you and JMPE, JMPE retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not (nor engage any third party to) redistribute, sell, decompile, reverse-engineer, or disassemble the Software.
6. User Information . You are responsible for maintaining the confidentiality of your account information, password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to (a) notify JMPE of any unauthorized use of your password or account information and any other breach of security, and (b) ensure that you exit from your account at the end of each session. JMPE cannot and will not be responsible for any loss or damage arising or resulting from your failure to comply with this section.
7. Termination . You or we may suspend or terminate your account or your use of this Web site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. This TOU will continue to apply to all past use of this Web site and any Services by you, even if you are no longer using them. You agree that JMPE will not be liable to you or any third party for any modification, suspension, or discontinuation of this Web site, or any part thereof.
8. Links . Creating or maintaining any link from another Web site to any page on this Web site without JMPE's prior written permission is prohibited. Running or displaying this Web site or any material displayed on this Web site in frames or through similar means on another Web site without JMPE's prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rules, and regulations. From time to time, this Web site may contain links to Web sites that are not owned, operated, or controlled by JMPE. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. JMPE is not responsible for any content, materials, or other information located on or accessible from any other Web site. JMPE does not endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials, or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web site, you do so entirely at your own risk.
9. Discussions, Message Boards, and Public Communications . JMPE provides educational Services and Products and builds educational communities. JMPE may monitor, edit, or disclose the contents of a learner email or threaded discussions or other online forums as required for normal maintenance of any of our Web site or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on JMPE; (b) protect and defend the rights or property of JMPE; or (c) act in an emergency to protect the personal safety of our guests or the public.
By participating in this educational community you agree to the following:
o You are solely responsible for any statements that are posted using your account.
o You may not post any messages or materials anonymously or under a false name.
o You may only post another party's materials if you have obtained appropriate copyright or other permission to upload such materials and to permit downloading by other users for personal, educational, noncommercial use. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
o You may not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods, services, or membership.
o You shall not post to, upload to, distribute through, transmit, or otherwise publish through any JMPE Web site any content that is libelous, defamatory, obscene, pornographic, profane, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. JMPE reserves the right to determine what is inappropriate for posting.
o You may not post any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt or damage another party's computer.
o You may not post chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures.
o You may not spam. JMPE defines “spam” as the sending of messages, individually or en masse, to people who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, an individual, or a nonprofit organization.
o You may not interfere with, restrict, or inhibit other users of this Web site.
JMPE reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or to edit, refuse to post, or remove any information, in whole in part, for any reason, in its sole discretion.
JMPE does not make any representations, or endorsement of the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other information posted or placed by users on this Web site. We do not guarantee that such material has been posted with the permission of the copyright or proprietary owner. You rely on such materials solely at your own risk. JMPE is not liable for any materials posted by others.
10. Trademarks . Certain trademarks, trade names, service marks, and logos used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of JMPE and/or its licensors or third party providers. Other trademarks, trade names, and service marks used or displayed on this Web site are the registered and unregistered trademarks, trade names, and service marks of their respective owners, including JMPE. Nothing contained on this Web site grants or should be construed as granting, by implication or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web site without the written permission of JMPE or such third party owner.
11. DISCLAIMERS OF WARRANTIES . YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS, PRODUCTS, AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. JMPE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS, PRODUCTS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND JMPE MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE LICENSORS, DISTRBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JMPE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES, IN SUCH STATES JMPE'S EXCLUSION IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY . JMPE assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web site or your downloading of any materials, from this Web site. IN NO EVENT WILL JMPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, ASSIGNS, RETAIL AND DISTRIBUTION PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, PRODUCTS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES JMPE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE REFUND POLICY POSTED ON THIS WEB SITE.
13. Indemnification . YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS JMPE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, DEMAND OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES) MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR RESULTING FROM (A) PUBLICATION, DISTRIBUTION, OR REDISTRIBUTION RELATED TO ANY USER COMMUNICATIONS OR POSTED MATERIAL BY ANY PERSON (INCLUDING LIABILITY RESULTING FROM ANY VIRUS, WORM, TROJAN HORSE, OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURE OF THE DATA OR ANY DISABLING SOFTWARE CODE), (B) YOUR USE OF THE MATERIALS, PRODUCTS OR SERVICES, (C) YOUR CONNECTION TO THE SERVICES, OR (D) YOUR BREACH OF THIS TOU.
14. Revisions . JMPE may revise this TOU at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current TOU because they are binding on you. Certain provisions of this TOU may be superseded by expressly designated legal notices or terms located on particular pages at this Web site.
15. Governing Law; Jurisdiction . This TOU supersede any other agreement between you and JMPE to the extent necessary to resolve any inconsistency or ambiguity between them. This Web site is administered by JMPE from its offices in Washington, DC. This TOU will be governed by and construed in accordance with the laws of the District of Columbia, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the District of Columbia for any action seeking legal or equitable relief arising out of or relating to this Web site, and each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TOU, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.
16. Policies .
Refunds. If a learner drops a course before the start date (by midnight Eastern Time), a refund for the full price (100%) will be applied to the method used to pay for the enrollment (credit card or purchase order). If a learner drops a course within the first seven days (by midnight Eastern Time) of the course start date, a refund of 80% will be applied to the method used to pay for the enrollment. No refunds will be granted after the seventh day of the start of a JMPE course. If JMPE cancels a course, the full price of the course will be will be applied to the method used to pay for the enrollment (credit card or purchase order). The refund will be processed without any additional action from the learner. JMPE will process a refund approximately five business days after a learner drops a course or a course is cancelled.
Participation and Attendance. In order to receive a completion certificate and/or graduate credit, you must properly and consistently participate in the course.
· As of the course start date, you have seven days to log in and begin participating in the discussion board.
· You must not be absent from the course for more than seven consecutive days throughout the course. We consider an absent learner to be one who does not log into the course, does not turn in assignments on time, does not contribute to the discussion board, or does not respond to the facilitator's email.
If you do not meet the participation and attendance policy standards, you may still remain in the course and have access to the course readings, materials, and discussions. However, your facilitator will not evaluate your assignments.
17. General. In the event any provision of this TOU is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force or effect. This TOU and any posted policies, standards, guidelines or rules applicable to any Products or Services within the Web site constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior agreements or communications between the parties, whether oral or written, are expressly superseded and canceled.
18. Additional Assistance . If you do not understand any of the foregoing TOU or if you have any questions or comments, please email us at firstname.lastname@example.org .
"[JMU] NETS•T certification has been the most valuable professional development experience of my career.”
Kelly Lineweaver, Manager
Shenandoah Valley Technology Consortium