Terms and Conditions of Use
Effective as of 1/1/2000 | Updated 8/30/2023
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DATAWORKS EDUCATIONAL RESEARCH, INC., A CALIFORNIA LIMITED LIABILITY CORPORATION (“DATAWORKS EDUCATIONAL RESEARCH,” “WE,” “US,” OR “OUR”).
Resources On This Page:
Agreement between User and https://dataworks-ed.com/
Welcome to https://dataworks-ed.com/. The https://dataworks-ed.com/ website (the “Site”) is comprised of various web pages operated by DATAWORKS EDUCATIONAL RESEARCH, INC (“DATAWORKS EDUCATIONAL RESEARCH”). https://dataworks-ed.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://dataworks-ed.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
If you access the website located at https://dataworks-ed.com/, install or use DATAWORKS EDUCATIONAL RESEARCH’s mobile application, install or use any other software supplied by DATAWORKS EDUCATIONAL RESEARCH, or access any information, function, or service available or enabled by DATAWORKS EDUCATIONAL RESEARCH (each, a “Service” and collectively, the “Services”), or complete the DATAWORKS EDUCATIONAL RESEARCH account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with DATAWORKS EDUCATIONAL RESEARCH (the “Minimum Age”); and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use DATAWORKS EDUCATIONAL RESEARCH’s Services.
Privacy
Your use of https://dataworks-ed.com/ is subject to DATAWORKS EDUCATIONAL RESEARCH’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
The full Privacy Policy can be found here: https://dataworks-ed.com/our-privacy-policy
Electronic Communications
Visiting https://dataworks-ed.com/ or sending emails to DATAWORKS EDUCATIONAL RESEARCH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DATAWORKS EDUCATIONAL RESEARCH is not responsible for third party access to your account that results from theft or misappropriation of your account. DATAWORKS EDUCATIONAL RESEARCH and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DATAWORKS EDUCATIONAL RESEARCH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://dataworks-ed.com/ only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://dataworks-ed.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DATAWORKS EDUCATIONAL RESEARCH and DATAWORKS EDUCATIONAL RESEARCH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DATAWORKS EDUCATIONAL RESEARCH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DATAWORKS EDUCATIONAL RESEARCH of the site or any association with its operators.
Certain services made available via https://dataworks-ed.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://dataworks-ed.com/ domain, you hereby acknowledge and consent that DATAWORKS EDUCATIONAL RESEARCH may share such information and data with any third party with whom DATAWORKS EDUCATIONAL RESEARCH has a contractual relationship to provide the requested product, service or functionality on behalf of https://dataworks-ed.com/ users and customers.
No Unlawful or Prohibited Use or Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://dataworks-ed.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DATAWORKS EDUCATIONAL RESEARCH that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DATAWORKS EDUCATIONAL RESEARCH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DATAWORKS EDUCATIONAL RESEARCH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DATAWORKS EDUCATIONAL RESEARCH and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DATAWORKS EDUCATIONAL RESEARCH or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
DATAWORKS EDUCATIONAL RESEARCH has no obligation to monitor the Communication Services. However, DATAWORKS EDUCATIONAL RESEARCH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DATAWORKS EDUCATIONAL RESEARCH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DATAWORKS EDUCATIONAL RESEARCH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DATAWORKS EDUCATIONAL RESEARCH’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DATAWORKS EDUCATIONAL RESEARCH does not control or endorse the content, messages or information found in any Communication Service and, therefore, DATAWORKS EDUCATIONAL RESEARCH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DATAWORKS EDUCATIONAL RESEARCH spokespersons, and their views do not necessarily reflect those of DATAWORKS EDUCATIONAL RESEARCH.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://dataworks-ed.com/ or Posted on Any DATAWORKS EDUCATIONAL RESEARCH Web Page
DATAWORKS EDUCATIONAL RESEARCH does not claim ownership of the materials you provide to https://dataworks-ed.com/ (including feedback and suggestions) or post, upload, input or submit to any DATAWORKS EDUCATIONAL RESEARCH Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DATAWORKS EDUCATIONAL RESEARCH, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DATAWORKS EDUCATIONAL RESEARCH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DATAWORKS EDUCATIONAL RESEARCH’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DATAWORKS EDUCATIONAL RESEARCH INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DATAWORKS EDUCATIONAL RESEARCH INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, FRUIT, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DATAWORKS EDUCATIONAL RESEARCH INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE SOFTWARE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EXCEPT AS SET FORTH IN DATAWORKS EDUCATIONAL RESEARCH’S PRIVACY POLICY OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, DATAWORKS EDUCATIONAL RESEARCH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGE, LOSS OR INJURY RESULTING FROM SUCH PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATAWORKS EDUCATIONAL RESEARCH INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROPERTY, LIFE, FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DATAWORKS EDUCATIONAL RESEARCH INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Cap on Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW DATAWORKS EDUCATIONAL RESEARCH’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DATAWORKS EDUCATIONAL RESEARCH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE UNITED STATES OF AMERICA.
Disclaimer of Certain Damages.
TO THE FULLEST EXTENT OF LAW DATAWORKS EDUCATIONAL RESEARCH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY DATAWORKS EDUCATIONAL RESEARCH’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Termination/Access Restriction
DATAWORKS EDUCATIONAL RESEARCH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DATAWORKS EDUCATIONAL RESEARCH as a result of this agreement or use of the Site. DATAWORKS EDUCATIONAL RESEARCH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DATAWORKS EDUCATIONAL RESEARCH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DATAWORKS EDUCATIONAL RESEARCH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DATAWORKS EDUCATIONAL RESEARCH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DATAWORKS EDUCATIONAL RESEARCH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DATAWORKS EDUCATIONAL RESEARCH reserves the right, in its sole discretion, to change the Terms under which https://dataworks-ed.com/ is offered. The most current version of the Terms will supersede all previous versions. DATAWORKS EDUCATIONAL RESEARCH encourages you to periodically review the Terms to stay informed of our updates.
Rules and Prohibitions
By using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, DATAWORKS EDUCATIONAL RESEARCH employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by DATAWORKS EDUCATIONAL RESEARCH.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Contractor, unless DATAWORKS EDUCATIONAL RESEARCH has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any DATAWORKS EDUCATIONAL RESEARCH server, or the networks connected to any DATAWORKS EDUCATIONAL RESEARCH server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any DATAWORKS EDUCATIONAL RESEARCH server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures DATAWORKS EDUCATIONAL RESEARCH may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to the DATAWORKS EDUCATIONAL RESEARCH website or access the DATAWORKS EDUCATIONAL RESEARCH website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the DATAWORKS EDUCATIONAL RESEARCH website or any content on the DATAWORKS EDUCATIONAL RESEARCH website.
(p) You will not conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, DATAWORKS EDUCATIONAL RESEARCH, or the Services in any way whatsoever.
(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(s) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.
You understand and agree that DATAWORKS EDUCATIONAL RESEARCH provides a technology platform connecting you with solar power products and other offerings that provide the products offered through the Site (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that DATAWORKS EDUCATIONAL RESEARCH does not itself prepare delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. DATAWORKS EDUCATIONAL RESEARCH is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. DATAWORKS EDUCATIONAL RESEARCH provides a technology platform facilitating the transmission of orders by Users to for delivery by third parties. DATAWORKS EDUCATIONAL RESEARCH will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that DATAWORKS EDUCATIONAL RESEARCH is not responsible for the installation or the safety of the solar system, and does not verify third parties or Merchants’ compliance with applicable laws or regulations. DATAWORKS EDUCATIONAL RESEARCH has no responsibility or liability for acts or omissions by any Merchant or Contractor.
You agree that the goods that you purchase will be fulfilled by the DATAWORKS EDUCATIONAL RESEARCH, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Contractor will be directed by your instructions to install the solar power systems at your designated location. You agree that neither the Contractor nor DATAWORKS EDUCATIONAL RESEARCH holds title to or acquires any ownership interest in any goods that you order.
User Account
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify DATAWORKS EDUCATIONAL RESEARCH immediately. DATAWORKS EDUCATIONAL RESEARCH will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by DATAWORKS EDUCATIONAL RESEARCH or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DATAWORKS EDUCATIONAL RESEARCH has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DATAWORKS EDUCATIONAL RESEARCH has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by DATAWORKS EDUCATIONAL RESEARCH, or if you have been previously banned from use of the Services.
User Content
(a) User Content. DATAWORKS EDUCATIONAL RESEARCH may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant DATAWORKS EDUCATIONAL RESEARCH a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with DATAWORKS EDUCATIONAL RESEARCH’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant DATAWORKS EDUCATIONAL RESEARCH a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to DATAWORKS EDUCATIONAL RESEARCH herein shall survive termination of the Services or your account. DATAWORKS EDUCATIONAL RESEARCH reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that DATAWORKS EDUCATIONAL RESEARCH may monitor and/or delete your User Content (but does not assume the obligation) for any reason in DATAWORKS EDUCATIONAL RESEARCH’s sole discretion. DATAWORKS EDUCATIONAL RESEARCH may also access, read, preserve, and disclose any information as DATAWORKS EDUCATIONAL RESEARCH reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of DATAWORKS EDUCATIONAL RESEARCH, its users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to DATAWORKS EDUCATIONAL RESEARCH through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that DATAWORKS EDUCATIONAL RESEARCH has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to DATAWORKS EDUCATIONAL RESEARCH a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by DATAWORKS EDUCATIONAL RESEARCH and do not represent the views of DATAWORKS EDUCATIONAL RESEARCH or its affiliates. DATAWORKS EDUCATIONAL RESEARCH shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.
No Joint Venture or Partnership.
No joint venture, partnership, employment, or agency relationship exists between you, DATAWORKS EDUCATIONAL RESEARCH, or any third-party provider as a result of this Agreement or use of the Software or Services.
Contact Us
DATAWORKS EDUCATIONAL RESEARCH welcomes your questions or comments regarding the Terms:
Email Address: info@dataworks-ed.com