THIS IS AN AGREEMENT BETWEEN YOU AND CanTheyTeach.com. This Agreement governs
your use of any Web site or Web page operated by CanTheyTeach.com. CanTheyTeach.com
OFFERS its WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION
OF THIS AGREEMENT. YOUR USE OF THE its WEB SITES CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY
AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
1. You represent that you are at least 16 years of age and any information
that you submit is correct. By using this website, you guarantee and warrant
that you have been a registered student in a class that was taught by the
professor or teacher whom you are critiquing, rating or commenting upon.
You agree that your comments and ratings are genuine and that they are not
made for any illegal or malicious purpose and that they do not constitute an
attempt to unfairly rate any particular person or unfairly influence the choice
of any student as to what teacher or professor a student might choose.
You agree that that you will not use this site to perpetrate, commit or conduct
any fraud, deception, or prank.
CanTheyTeach.com reserves the right to refuse or remove any comment or rating
which it feels may be fraudulent, malicious, unjustified, or unacceptable
for any reason in its sole discretion. Sending threatening or harassing comments
is prohibited. Use of profanity is prohibited.
CanTheyTeach.com reserves the right to modify its Acceptable Use Policies
at any time in its sole discretion.
2. HOW CanTheyTeach.com MAY MODIFY THIS AGREEMENT
the right to change the terms, conditions, and notices under which it offers
the CanTheyTeach.com Web Sites. Web Sites, including any charges associated
with the use of the CanTheyTeach.com Web Sites. You are responsible for regularly
reviewing these terms, conditions and notices, and any additional terms posted
on any CanTheyTeach.com Web Sites. Your continued use of the CanTheyTeach.com
Web Sites after the effective date of such changes constitutes your acceptance
of and agreement to such changes.
3. ADDITIONAL TERMS
Any Web Site linked or associated with CanTheyTeach.com Web Site may itself
contain additional terms (for example, codes of conduct or guidelines) that
further govern use of that CanTheyTeach.com Web Site, including without limitation,
particular features or offers. In the event there is any conflict between
the two, this agreement shall govern as to your relationship with CanTheyTeach.com.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE CanTheyTeach.com Web SITES
The CanTheyTeach.com Web Sites are only for your personal use. You will not
use the CANTHEYTEACH.COM Web Sites for commercial purposes. You will not
use the CanTheyTeach.com Web Sites in any way that is unlawful, or harms
CanTheyTeach, its affiliates, resellers, distributors, service providers
and/or suppliers (each, a "CanTheyTeach Party" and collectively,
the "CanTheyTeach Parties") or any customer of a CanTheyTeach Party,
as determined in CanTheyTeach's sole discretion. CanTheyTeach may tell you
about certain specific harmful uses in a code of conduct or other notices
available through a CANTHEYTEACH.COM Web Site, but has no obligation to do
so. You may not use the CANTHEYTEACH.COM Web Sites in any way that breaches
any code of conduct, policy or other notice applicable to the CANTHEYTEACH.COM
Web Sites. Without limiting the generality of this section, you may not use
the CANTHEYTEACH.COM Web Sites in any manner that could damage, disable,
overburden, or impair any CANTHEYTEACH.COM Web Site (or the network(s) connected
to any CANTHEYTEACH.COM Web Site) or interfere with any other party's use
and enjoyment of the CANTHEYTEACH.COM Web Sites.
5. SPAM IS PROHIBITED
You will not use the CANTHEYTEACH.COM Web Sites to transmit,
either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
you post or otherwise provide to CanTheyTeach related to the CANTHEYTEACH.COM
Web Sites (a "Submission"), you grant CanTheyTeach permission to
(1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, translate and reformat your Submission, each in connection with
the CANTHEYTEACH.COM Web Sites, and (2) sublicense these rights, to the maximum
extent permitted by applicable law. CanTheyTeach will not pay you for your
Submission. CanTheyTeach may remove your Submission at any time.
7. INFORMATION AVAILABLE FROM THE CANTHEYTEACH.COMWEB SITES
its suppliers do not warrant or guarantee the accuracy or timeliness of any
information available from the CANTHEYTEACH.COM Web Sites. CanTheyTeach and
its suppliers do not authorize the use of information available from the
CANTHEYTEACH.COM Web Sites for any purpose other than your personal use. CanTheyTeach
endorse or recommend any particular product or services.
8. CanTheyTeach.com MAKES NO WARRANTY.
CanTheyTeach.com PROVIDES THE CANTHEYTEACH.COM WEB SITES "AS IS," "WITH
ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CANTHEYTEACH MAKES NO REPRESENTATIONS, WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED. CANTHEYTEACH DISCLAIMS ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION
(1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO
OR USE OF THE CANTHEYTEACH.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL CANTHEYTEACH BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR
USE OF THE CANTHEYTEACH.COM WEB SITES, EVEN IF CANTHEYTEACH HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION
IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY
FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE
FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4)
ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE
NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CANTHEYTEACH.COM
WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE
ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CANTHEYTEACH PARTY WITH RESPECT
TO THIS AGREEMENT OR THE CANTHEYTEACH.COMWEB SITES, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE CANTHEYTEACH.COM WEB SITES.
10. CHANGES TO THE CANTHEYTEACH.COMWEB SITES; ADDITIONAL LIABILITY LIMITATION
As you use the CANTHEYTEACH.COM Web Sites, you should expect to receive, access
or use information, materials, graphics, software, data and content (collectively, "Content")
originated by CanTheyTeach and persons other than CanTheyTeach (any such
person is referred to as a "Third Party"). THE CANTHEYTEACH PARTIES
MAY CHANGE THE CANTHEYTEACH.COM WEB SITES OR DELETE FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE CANTHEYTEACH
PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT
LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT CANTHEYTEACH
IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES
THAT AFFECT YOUR ACCESS TO OR USE OF THE CANTHEYTEACH.COM WEB SITES, (2)
ANY INCOMPATIBILITY BETWEEN THE CANTHEYTEACH.COMWEB SITES AND OTHER WEB SITES,
SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE
IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS
IN CONNECTION WITH THE CANTHEYTEACH.COMWEB SITES IN AN ACCURATE OR TIMELY
MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY
WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES
THOUGH LINKS CONTAINED ON THE CANTHEYTEACH.COMWEB SITES. THE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS Contained in this Agreement APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF
ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
CanTheyTeach may terminate this Agreement, or terminate or suspend your access
to the CANTHEYTEACH.COM Web Sites at any time, with or without cause, with
or without notice. Upon such termination or suspension, your right to use
the CANTHEYTEACH.COM Web Sites will immediately cease. UPON SUCH TERMINATION
OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CANTHEYTEACH.COMWEB
SITES MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the State of LOUISIANA without
reference to conflict of laws principles. If your claim is against a CanTheyTeach
affiliate, claims for enforcement, breach or violation of duties or rights
under this Agreement will be adjudicated under the laws of the place of incorporation
for such CanTheyTeach affiliate, without reference to conflict of laws principles.
All other claims, including, without limitation, claims under or for violation
of consumer protection laws, unfair competition laws, and in tort, will be
adjudicated under the laws of the state of Louisiana in the United States..
If your claim is against CanTheyTeach.com, Inc., you hereby irrevocably consent
to the exclusive jurisdiction and venue of state courts in St. Tammany Parish
(County), Louisiana, USA in all disputes arising out of or relating to the
use of the CANTHEYTEACH.COM Web Sites. If your claim is against a CanTheyTeach
affiliate, you hereby consent to the exclusive jurisdiction and venue of
the courts located in the place of incorporation for such CanTheyTeach affiliate
in all disputes arising out of or relating to the use of the CANTHEYTEACH.COM
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, 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 this Agreement
will continue in effect. CanTheyTeach may assign this Agreement, in whole
or in part, at any time with or without notice to you. You may not assign
this Agreement, or assign, transfer or sublicense your rights, if any, in
the CANTHEYTEACH.COM Web Sites. Except as expressly stated herein, this Agreement
constitutes the entire agreement between you and CanTheyTeach.com Inc. with
respect to the CANTHEYTEACH.COM Web Sites and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and CanTheyTeach with respect to the CANTHEYTEACH.COM
Web Sites. The section titles in the Agreement are solely used for the convenience
of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM.
YOU AND CANTHEYTEACH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE CANTHEYTEACH.COMWEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the CANTHEYTEACH.COM Web Sites are Copyright protected by the
laws of the United States. All contents belong to, or are licensed for use
by CANTHEYTEACH.COM. All logos, and/or other CanTheyTeach products and services
referenced herein may also be either trademarks or registered trademarks
of CanTheyTeach in the United States and/or other countries. The names of
actual companies and products mentioned herein may be the trademarks of their
respective owners. Any rights not expressly granted herein are reserved.
Certain software used in certain CANTHEYTEACH.COM Web Sites is based in part
on the work of independent companies, authors and persons. All rights reserved.
15. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to the Service Provider's