This Privacy Statement and accompanying Terms of Use Agreement replace the previous version of July 27, 2011.
Privacy matters to us at MyEdu and we trust it does to you, too. MyEdu's mission is to provide you with the best possible product, tools, services and opportunities for mapping out your college experience and to poise you for a successful transition into your career. The more complete your MyEdu Profile, the greater the opportunity for success. To that end, we want to ensure you understand how we manage the important data that you provide.
We need you to acknowledge your understanding of our Privacy Statement and Terms of Use Agreement before becoming a Member and we encourage you to keep current on Privacy considerations. If you're an existing Member and are checking in to educate yourself on any new information, thank you. Knowledge IS power! Please be sure you read and understand this information as, by accessing, using or continuing to use the website, you acknowledge that you agree to be bound by the Terms of Use and understand MyEdu's Privacy Statement. If you don't agree to the Terms of Use or understand the Privacy Statement, please do not register as a Member. If you are already a Member, and don't agree to the revised Terms of Use Agreement and/or understand the updated Privacy Statement, please suspend your account. If you would like clarification as to the Privacy Statement and/ or Terms of Use before continuing, please email Privacy@MyEdu.com. We will respond within one business day, if not sooner.
As MyEdu believes your Privacy and our compliance with regulations related to Privacy are so important, we have a robust program in place as well as a Chief Privacy Officer to oversee it. Given our comprehensive program, any changes to our Privacy Statement or Terms of Use will be minor unless there is a significant change in best practices, regulations or legislation. With that in mind, our Privacy Statement may be modified to reflect these changes and we encourage you to check back periodically. We'll be transparent when changes occur and will highlight the key modifications along with the date of revision. Any such revision will be effective immediately upon posting and your continued use of MyEdu's website and services constitutes your acceptance of any such changes.
There is information we are required to provide you with in relation to our website. We want to share that information in a way that's easy to understand but also compliant. Bottom line is that we manage and safeguard your data in the same way we'd like our own to be managed and safeguarded.
As part of our Privacy program, we ensure compliance with the Family Educational Rights and Privacy Act ("FERPA") with respect to any data that we collect or house that falls under FERPA criteria; this includes data you provide specific to your MyEdu Profile as well as anonymous data we may collect from various colleges in aggregate. So, while this data is considered Public Directory information, it still falls under the protection of FERPA. (Examples of Public Directory information include your date of birth, your university email address, name, etc.) We do not uniquely identify any individual based on data we collect from schools. The only method by which your Personally Identifiable Information ("PII") could reside on our servers is if you personally enter it as part of your MyEdu Profile.
Did you know? If you don't want your school to share your Public Directory information, you
can generally restrict its release by contacting your registrar's office within specified timeframes. If your school
has a different process, the Registrar's office can direct you to the right source.
If you'd like to better understand the full FERPA legislation, check it out here:
FERPA.
How is Personally Identifiable Information defined and what does it mean to me as a student?
MYEDU'S PRIVACY PRINCIPLES
- WE ONLY COLLECT INFORMATION THAT IS NEEDED, AND WE TELL YOU HOW WE USE IT. We limit the collection of information to what we need to know to support the products to which you subscribe and to provide you with the information you expect from us. We will comply with all relevant legal or regulatory requirements. We will also keep you informed about the general uses of the information we collect and will answer any questions you may have about its use. Please direct those questions to Privacy@MyEdu.com. We retain your information for only as long as necessary to fulfill the purposes for which you subscribed to our services or as required by law or regulations. Thereafter, we dispose of or purge your information in compliance with all document destruction or record retention requirements and guidelines. Implicit to our Terms of Use Agreement and our Privacy Statement is that you acknowledge that while you may at some point in time choose to make some of your Profile information private, it may not be possible for us to purge your PII in its entirety because we perform routine back up functions. If you unsubscribe or suspend your service or account and inadvertently receive further communication, please let us know immediately by sending an email to Privacy@MyEdu.com.
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When you build a Profile on our website, you enter information that can be classified as either Non-PII or PII. There are different levels of PII, including sensitive PII. MyEdu does not collect any sensitive PII.
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You have ownership of your Profile and we encourage you to update it as necessary and to maintain a robust Profile. The more complete your Profile, the better we can help you in your college experience and as you consider your career. Regardless of whether your Profile information is non-PII or PII, we use every reasonable effort to protect it against loss, alteration or any unauthorized use. With the increasing rise of data vulnerability and the common knowledge that no computer system is 100% secure, it's important to us that you understand that we make every effort to protect your data but that vulnerabilities always exist.
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If there is ever a breach of our system where your PII is compromised by unauthorized sources, you will be notified. In addition to our employing strict measures on our side, there are also steps you can take to help ensure the privacy of your data when stored on your computer and when you transmit data. You are probably aware of these precautions but, if not, send us an email and we'll do our best to direct you to the best resources for further information.
- MyEdu NEVER collects or requests sensitive PII. If you are ever prompted to provide any individual, entity or alleged representative of MyEdu with your Student ID Number, Social Security Number, Credit Card, Banking information or other sensitive Personally Identifiable Information, do not provide the data and please immediately notify Privacy@MyEdu.com.
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MyEdu may conduct surveys from time to time. Our goal in conducting these surveys is to better provide you with features that would improve our service or capabilities. We will explicitly convey the purpose of any survey and how any information you provide will be used. You will have the opportunity to opt-out of any such survey. Aggregate data that is gathered as the result of a survey may be shared with Third Parties and you will be advised in advance of taking the survey if this is the case.
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To facilitate and customize your MyEdu experience, we may store cookies on your computer. A cookie is a string of information that a website stores on your computer, and lets us know when you return to the MyEdu website. Cookies also allow us to collect Non-PII from you such as which pages you visited and on what links you clicked. Use of this information helps us to create a more user-friendly experience. Third Parties may display advertisements on our website and may place separate cookies on your computer. We have no access to or control over these cookies. As a reminder, our Privacy Statement covers the use of cookies by our website only and does not cover the use of cookies by any Advertiser or Third Party.
Once you register as a MyEdu Member, you may get a "Welcome Back" message when you use the website. We say "may" because you have the option to set your browser to refuse cookies before you access www.MyEdu.com (or any other website). Please be aware, however, that certain features on our website may not function properly if you do so.
We may use other industry standard technologies like pixel tags and web beacons to track your use of our website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our website, or in our emails, that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Advertisers for the same purposes.
- WE GIVE YOU THE CHOICE AS TO HOW YOUR INFORMATION WILL BE USED. MyEdu provides you with "opt-out/ opt-in" choices relating to how your information could be used to generate marketing offers. If you don't understand the "opt-out and/or opt-in" process, email us at Privacy@MyEdu.com. We will not share your PII with other parties except as provided below.
Personally Identifiable Information ("PII")
- You control the information that you privately or publicly share about yourself as a Member of MyEdu. Based upon your settings, your information may be shared when utilizing services and/ or social networking features such as forums, course schedule sharing, course and professor recommendations, or other forms of public communication and interaction. Information that you share publicly may be accessible by other users and companies and may appear on other websites or web searches and, therefore, the information could be read, collected, and used by others. We have no control over what other users may do with the information you voluntarily post and make public so please use caution when posting data that is categorized as public.
- We may share your PII with Advertisers if you provide an opt-in consent for us to do so. Sharing this information will allow Advertisers to market directly to you. We specifically disclaim any responsibility or liability for the actions of Advertisers.
- We may share your information with authorized Third Party Service Providers. We provide some of our services and products through Third Parties. Examples are sending and distributing administrative and promotional emails. We may share your information to send postal or email communications, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, support website operations and/ or provide customer service. The use of your PII by such parties is governed by the Privacy Policies and/ or Terms of Use of each Third Party and is not subject to our control. We urge you to review the Privacy Policies and/ or Terms of Use of any Third Parties to which you may be linked as we are not responsible for their policies or practices despite our best due diligence to partner only with companies, organizations and/ or entities whose policies and terms of use are of the highest, most compliant, standards.
- If MyEdu becomes involved in a merger, acquisition, or any form of sale of some or part of its assets, we may share your information. If we do so, we will ensure the confidentiality of any PII involved in the transaction(s) and will provide you with notice before any PII is transferred and/ or becomes subject to different Terms of Use and/ or policies.
- We may share your information when the release of PII is necessary or appropriate to comply with the law or a court order or to enforce or apply MyEdu's Terms of Use Agreement or other agreements, to protect the rights, property or security of the website, MyEdu Members, visitors, or others.
Non-Personally Identifiable Information ("Non-PII")
- WE ENSURE THE INTEGRITY OF YOUR INFORMATION. We use advanced technology, documented procedures, internal monitoring practices and numerous other precautions to make sure your information is processed promptly, accurately, and completely and that it is housed, hosted, and/ or transmitted in a compliant, secure manner.
You access or provide us with PII using a password and your email address. Your password is encrypted. Please do not share your password with anyone. While your PII resides on a secure server to which only selected individuals have access, you are making yourself vulnerable when you share your password. No data transmission over the Internet or any wireless network is 100% secure so, while we employ commercially reasonable and compliant information security and data protection measures to safeguard your data and to partner with companies who do the same, we cannot guarantee the security of any information transmitted to or from our website. As mentioned earlier, we aren't responsible for the actions of any Third Parties who may receive any such information.
We encourage you to keep your Profile information current. The richer your Profile, the greater your yield and the greater your opportunities for success. If you have questions or concerns about the integrity of your information, please email Privacy@MyEdu.com and we will respond within one business day.
- WE EMPLOY BEST-IN-CLASS INFORMATION SECURITY SAFEGUARDS. We have strict limitations on access to our information systems. Only those who specifically need access to conduct their business responsibilities and to meet your expectations regarding your subscription to our services are granted this access. Our safeguards are designed to protect the confidentiality and security of your information. These safeguards include the retention, modification to, disclosure and destruction of data you have provided us. We are continually monitoring for risks and potential for compromise. Implicit to our Terms of Use and our Privacy Statement is that you acknowledge that while you may at some point in time choose to make some of your Profile information private, it may not be possible for us to purge your PII in its entirety because we perform routine back up.
- WE DON'T DISCLOSE YOUR INFORMATION WITHOUT YOUR KNOWLEDGE. We do not disclose your information unless you have given us consent to do so or we notify you that we intend to do so. Upon notification, we will let you know why we need to disclose your information and you have the option, at that time, to "opt-out." The only exception is where we are required to comply with regulatory or legal requirements.
- WE ARE RESPONSIVE TO REQUESTS FOR INFORMATION AND EXPLANATIONS. If you have a question related to the Privacy of your account information or need further explanation regarding any service, product, feature, etc., please address it to Privacy@MyEdu.com or CustomerService@MyEdu.com, respectively, and we will respond within one business day. We will respond in a manner that is intelligible and forthright. If there are any costs associated with the processing of any data you request, we will advise you up front and prior to assimilating the requested data.
- WE HOLD OURSELVES RESPONSIBLE FOR OUR PRIVACY PRINCIPLES. Each employee of MyEdu is responsible for gaining and sustaining your confidence in us. We provide training and communication programs that educate employees about the meaning and importance of regulatory requirements and best-in-class practices associated with Privacy. Our program is based upon these Privacy Principles. Employees who are inviolation of these Policies are subject to disciplinary action, up to and including termination of employment. Employees are expected to report violations, breaches, or suspected breaches of privacy. MyEdu has a documented process in place for reporting, monitoring and responding to any such incidents.
We are continually reviewing the ever-evolving Privacy landscape to ensure our Principles and privacy practices are best in class and compliant with all legal and regulatory requirements related to our business and our customers and that they make common sense. Whenever required or warranted, we will update, post and date-stamp our Privacy Principles. As they are principles, however, and the foundation of our Privacy program, we do not anticipate their changing other than to be enhanced, if need be.
- OPEN DOOR. MyEdu's practices, programs, policies and processes related to Privacy are derived directly from these Principles. If you have questions about the quality, safeguards, use, disclosure, or housing of your data, or if you have suggestions or feedback, please contact us. MyEdu's mission is to provide you with the best possible product, tools, services and opportunities for mapping out your college experience and to poise you for a successful transition into your career. It is important to us to improve or enhance our website to better serve you. To contact us, please email Privacy@MyEdu.com and we will respond within one business day. If your question(s), request(s), etc. are in violation of any regulatory or legal requirement we will advise you accordingly. If there are any costs associated with the processing of any data you request, we will advise you up front and prior to assimilating the requested data.
- ACCOUNTABILITY. As evidence of our commitment to the importance of the privacy of your data and the security of information, MyEdu has a Vice President of Compliance and Chief Privacy Officer who is an experienced Privacy and Operational Risk professional. In addition, we conduct periodic assessments of our privacy and information security practices by outside experts and are active in local and national Privacy and Information Security organizations.
OTHER CONSIDERATIONS:
Minors
If you are under the age of 13, do not attempt to register as a MyEdu Member and do not provide any information about yourself. If it comes to our attention that an individual under the age of 13 has established an account with MyEdu, we will delete that information and suspend the account within one business day. If you believe an individual who is 13 years of age or younger has established an account with MyEdu, please contact Privacy@MyEdu.com immediately.
We encourage minors who are 13 years of age or older to partner with their parents or obtain the permission of parents before signing up as a MyEdu Member or before sending any information about themselves to anyone over the Internet. We also encourage parents to educate their teens about safe Internet use practices. We reserve the right to add special protections for minors in order to provide them with an age-appropriate experience. This includes, but is not limited to, placing restrictions on the ability of an adult to share and connect with minors. Please understand that this may provide minors a more limited experience with MyEdu but we choose to err on the side of caution in safeguarding a minor's information.
Notice of Privacy Rights to California Residents.
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the "Act") and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the website and the categories of Third Party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and with whom we share that information; (2) the names and addresses of those Third Parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control with whom you do not want us to share that information. To obtain this information, please send a request by email to Privacy@MyEdu.com or standard mail to 1301 South MoPac Expressway, Suite 250, Austin, Texas 78746, Attention: Vice President of Compliance. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliates or Advertisers. Please label the request "California Customer Choice Notice." Please allow up to 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
Consent To Processing In The United States.
By providing any Personal Identifiable Information to MyEdu, all users, including, without limitation, users in Canada and the Member states and countries of the European Union, fully understand and consent to MyEdu's Terms of Use Agreement and Privacy Statement and to the transfer of such Personally Identifiable Information across international borders in accordance with MyEdu's standard operations, including the collection, storage, and processing of such information in the United States of America.
These Privacy Principles also extend to our business partners including vendors and Third Party service providers. From time to time, we partner with outside sources to fulfill our contractual responsibilities. All partners with whom we do business are contractually required to keep your information confidential and secure and to protect against unauthorized access or use. Their use of your information is strictly limited to the purposes for which we provide it to them.
We make every effort to only partner with companies that have privacy policies and practices as strong as our own.
We continually monitor and participate in educational and industry privacy associations, both locally and nationally, to ensure the most informed, contemporary and comprehensive program.
This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("you" or "your") and MyEdu Corporation, its affiliates, and each of their respective successors and assigns (collectively, "MyEdu") governing your use of (i) MyEdu's online education-related products, tools, Service or services or other products, tools or services developed, operated, or maintained by MyEdu, or accessible via http://www.MyEdu.com or any other designated website or IP address, (ii) the content contained therein, including any data, product, tool, newsletters, and other printed communications, and (iii) any offline components provided by MyEdu for use in connection therewith (items (i), (ii), and (iii) are collectively referred to as the "Service").
By using the Service, or downloading, installing, activating or using any materials or data available or accessible through the website, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification and all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not register for, access or use the Service or the website.
- License Grant
Subject to the terms and conditions of this Agreement, MyEdu hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Service solely on a server controlled by MyEdu and solely for your own purposes. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.
- Restrictions on License Grant
Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of MyEdu or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
- You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the "Content") or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement;
- You shall not copy, reproduce, republish, upload, post, transmit or distribute the Service or the Content in any way;
- You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content;
- You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet "links" to the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device;
- You shall not access the Service to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) copy any ideas, features, functions or graphics of the Service, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
- You shall not access the Service if you sell or provide any service, software, or product that may compete with MyEdu's Service, software, or products (a "Competitor");
- You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of MyEdu or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
- You shall not attempt to probe, scan or test the vulnerability of a system, account or network of MyEdu or any of its customers or suppliers, any MyEdu product or service, or those of any other party;
- You shall not interfere, or attempt to interfere, with service to any Member, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that "crack," or make unauthorized changes to, the software;
- You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to MyEdu or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
- You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
- You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any MyEdu (or MyEdu supplier) host, server, or otherwise cause a performance degradation to any MyEdu (or MyEdu supplier) facility(ies) used to deliver the Service;
- You shall not create or use any program, tags, markers, bots, or other similar computer routines or sub-routines to automatically access or manipulate the Service; and
- You shall not knowingly: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of Third Party privacy rights or terms of use.
Because of the difficulty associated with quantifying damages, in addition to any other damages to which MyEdu may be entitled, if actual damages cannot be reasonably calculated then you agree to pay MyEdu liquidated damages of $250 for each violation of this Section or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay MyEdu's actual damages, to the extent such actual damages can be reasonably calculated.
- Your Obligations
You are responsible for all activity occurring when the Service is accessed through your password and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, information security, international communications and the transmission of technical or personal data. You shall: (i) notify MyEdu immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MyEdu immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) delete or suspend your account when you no longer require access to the Service; and (iv) keep your Profile information current. You are also solely and exclusively responsible for providing and maintaining all computer hardware and other devices or equipment necessary to operate the licensed Service and the Internet service required to access the Service over the Internet. MyEdu shall have no responsibility for the procurement, operation or compatibility of your hardware or capabilities of your Internet service provider. Notifications and reports as referenced in this section should be sent to Privacy@MyEdu.com
- Postings
MyEdu may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our website; however, MyEdu is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, bullying, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our website. MyEdu will cooperate with law enforcement or a court order requesting or directing MyEdu to disclose the identity of anyone posting any information or material prohibited by this Agreement. MyEdu may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of MyEdu, its Members, University Faculty, visitors, employees, corporate affiliates or the public.
- User Comments, Feedback and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to MyEdu on or by this website or otherwise disclosed, submitted, or offered in connection with your use of this website or otherwise (collectively, "Comments") shall be and remain MyEdu's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to MyEdu of all worldwide rights, titles, and interests in all copyrights, brands and other intellectual property in the Comments. Thus, MyEdu will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MyEdu is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
- Intellectual Property Ownership
All right, title and interest in the Service, products, tools, services and the website, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, Brands, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to MyEdu or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that MyEdu's products, tools, Service, Content, and services may constitute a valuable trade secret and/or is the confidential and/ or proprietary information of MyEdu or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of MyEdu or its content suppliers and is protected by copyrights, trademarks, trade secrets, Brand or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and MyEdu owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, re-republication, display, or performance of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause MyEdu and its licensors irreparable injury, which may not be remedied at law, and you agree that MyEdu and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
- Trademarks
The MYEDU name and logo and other related names, design marks, product names, feature names and related logos are trademarks of MyEdu and may not be used, copied or imitated, in whole or in part, without the express prior written permission of MyEdu. In addition, the look and feel of the Service (including all page headers, footers, custom graphics, button icons, code and scripts, etc.) constitutes the service mark, Brand, trademark and/or trade dress of MyEdu and may not be copied imitated or used, in whole or in part, without the express prior written permission of MyEdu.
- Term; Termination; Suspension of Service
You are bound by these Terms of Use upon registration as a Member and through any subsequent use of MyEdu's product Service, tools, or services thereafter. Any unauthorized use will be deemed a material breach of this Agreement. MyEdu, in its sole discretion, may terminate or suspend your account if you breach or otherwise fail to comply with the Terms of Use Agreement.
- Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, you must immediately stop using the Service and suspend any related accounts(s).
- Indemnification
You shall defend, indemnify and hold MyEdu harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys' fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Service, or (ii) your breach or violations of this Agreement.
- Disclaimer of Warranties
Except as otherwise expressly provided in this Agreement, (a) the service is provided "as-is" and "with all faults", and, to the maximum extent permitted by applicable law, MyEdu, including its affiliates, subsidiaries, licensors, subcontractors, distributors, Third Party(ies) service partners, agents, marketing partners and each of their respective employees, directors and officers (collectively, the "MyEdu party(ies)") disclaim all representations, warranties and conditions of any kind, express or implied, regarding the service, or otherwise relating to this Agreement, including warranties and conditions of fitness for a particular purpose, merchantability, merchantable quality, non-infringement and accuracy and non-interference; (b) neither MyEdu nor any MyEdu party(ies) warrants that (i) the Service is or will be secure, accurate, complete, uninterrupted, without error, without loss of data, or free of viruses, worms, other harmful components, or other program limitations, (ii) the Service will meet your requirements, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) any errors in the Service will be corrected; (c) you assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components, unless such errors or viruses are the direct result of MyEdu's gross negligence or willful misconduct; (d) MyEdu and the MyEdu party(ies), jointly and severally, disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the schedules, planners, calculations, data, reports, results or other information obtained, generated or otherwise received by you from accessing and/or using the Service or otherwise relating to this Agreement, and (e) use of the Service is entirely at your own risk and neither MyEdu nor any of the MyEdu party(ies) shall have any liability or responsibility therefor.
- Interruption of Service
You agree that the operation and availability of the systems used for accessing and interacting with the Service, including public telephone, computer networks and the Internet or to transmit information, whether or not supplied by you or MyEdu, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the Service. Neither MyEdu nor any of the MyEdu party(ies) shall be liable for any interference with or prevention of your access to and/or use of the Service.
- Limitation of Liability
Notwithstanding anything to the contrary in this Agreement, in no event whatsoever shall MyEdu be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of profits, lost time, loss of data or good will, even if MyEdu has been advised of the possibility of such damages, whether in contract, tort (including negligence), strict liability or otherwise. MyEdu shall not be liable for any claims against you by Third Parties. No action, regardless of form, arising from or pertaining to the Service may be brought by you more than one (1) year after such action has occurred. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- Account Access
Where use of the Service is contingent on you accessing an "account" and/or inserting an email address, "user-identification" and/or "password", you agree that you will be solely responsible for your user IDs and passwords to log in to the password protected Service. If non-authorized individuals have access to your systems or to your user ID and/ or password, they may be able to use the Service. You shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user ID, passwords, and other registration or logon information) confidential and in a safe place and not disclose it to any Third Party. You will be responsible and liable for all communications and actions that take place through the use of your user ID or password, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any user ID, or password has been stolen, leaked, compromised or otherwise used without proper consent and to notify Privacy@MyEdu.com.
- Local Laws and Export Control
You acknowledge that the Service, which may include technology and software, may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Service is rendered and/or received. You agree to abide by those laws and regulations. You are solely responsible for obtaining any specific licenses relating to the export of software if a license is needed. MyEdu's agreement to provide the Service is contingent upon the issuance of any applicable export license required by the United States Government. MyEdu is not liable for delays or failure to deliver Service or a product resulting from your failure to obtain such license or to provide such certification.
- Notice
MyEdu may give notice by means of a general notice via the Service, electronic mail to your e-mail address of record, or by written communication sent by first class mail or pre-paid post to your address if on record with MyEdu. Such notice shall be deemed to have been given upon the expiration of 2 business days after mailing or posting (if sent by first class mail or pre-paid post) or one (1) business day after sending (if sent by email). You may give notice to MyEdu (such notice shall be deemed given when received by MyEdu) at any time by: letter sent by confirmed facsimile to MyEdu at the following fax number: (512) 469-9731, or letter delivered by reputable overnight or local delivery service with a credible tracking system, or certified first class postage prepaid mail to:
MyEdu Corporation
1301 S. MoPac Expwy, Suite 250
Austin, Texas 78746
Attention: VP of Compliance
- Modification to Terms of Use Agreement
MyEdu reserves the right to modify the terms of this Agreement at any time, effective upon posting of an updated version of the Terms of Use Agreement to www.MyEdu.com. You are responsible for regularly reviewing the Privacy Statement and Terms of Use Agreement. The continued activation of Membership and use of the website, products, tools and/ or Service after any such changes have been made constitutes your understanding of, and consent to, such modifications and any newly established Terms of Use.
- Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of MyEdu but may be assigned without your consent by MyEdu to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
- Customer Communications; Disclosure
From time to time, MyEdu may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying CustomerService@MyEdu.com. Because the Service is a hosted, online application, MyEdu may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. MyEdu reserves the right to disclose that you are a user of the Service.
- General
- This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas.
- Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
- It may be necessary for MyEdu to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. MyEdu provides no assurance that you will receive advance notification of such activities or that the Service will be uninterrupted or error-free.
- No joint venture, partnership, employment, or agency relationship exists between you and MyEdu as a result of this Agreement or use of the website, product, tools or services. The failure of MyEdu to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorized representative of MyEdu.
- Neither party shall be liable to the other party for any failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to embargo, strike, riot, acts of terrorism, the intervention of any governmental authority or as a result of a natural disaster.
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If you have not entered into another agreement with MyEdu regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and MyEdu and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or verbal, between the parties regarding such subject matter. However, if you and MyEdu have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and MyEdu, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
- Company Profiles
If you are accessing MyEdu.com as a Company Profile representative, you agree that your content complies with all applicable legislation and regulations including, but not limited to, FERPA, COPPA, etc. and the requirements listed below.
You are responsible for all content including advertisements, user-generated content, and any content hosted, streamed or otherwise delivered to users by Third Parties or you. You agree to take all steps required to fall within the applicable safe harbors of the Digital Millennium Copyright Act including the designation of an agent to receive notices of claimed infringement, instituting a repeat infringer termination policy and implementing a "notice and takedown" process. If you are based, or serve clients, outside of the United States, you must comply with applicable copyright laws and ensure you implement an appropriate "notice and takedown" process upon receiving a notice of claimed infringement.
If you are required to disclose any information or data associated with your relationship with MyEdu, you agree to provide MyEdu with notice in advance of any such disclosure to Privacy@myedu.com.
You acknowledge that you own or have secured all rights necessary to copy, display, distribute, deliver, render and publicize all content to users where you make your Company Profile available.
You are responsible for all licensing, reporting and payout obligations to Third Parties required in connection with the content on your Company Profile.
You agree that the content on your profile will not:
- Use MyEdu’s Logo or Brand Assets in a way that is deceptive, harmful, obscene, or otherwise objectionable to MyEdu.
- Present or feature MyEdu’s Logo or Brand Assets on websites containing content associated with pornography, gambling, or illegal activities.
- Promote, contain, reference or make inference to any content that is derogatory or damaging to any University, College, institute of learning or any individual or entity associated with a University, College or institute of learning.
- Promote the use of alcohol or the sale of tobacco products, ammunition or firearms.
- Infringe upon the rights of any Third Party, including intellectual property rights, privacy, publicity or other proprietary or protected right.
- Engage in or promote any activity that is deceptive or fraudulent.
- Promote, facilitate, contain, use, encourage or otherwise affiliate your profile with pornography, gambling or illegal activities of any kind.
- Promote or facilitate any activity, or reference any other content that is hateful, threatening, defamatory, pornographic or violent.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to Privacy@MyEdu.com.
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