Terms and Use
Use and Consent
Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using EDTECHENERGY.ORG by Melanie Wiscount, Ed.D. (hereinafter “I,” “my,” “me”, “myself”). You, as a visitor and/or user of my website, agree to these Terms and Conditions, and your access and/or use of my website or materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.
This website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
No Warranty or Liability
The information provided on EDTECHENERGY.ORG is believed accurate when made. However, I do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that I am not responsible for the accuracy of my website or for any errors or omissions in its content or in materials requested through email.
The use of my website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. EDTECHENERGY, LLC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from my website or in connection with any materials offered through the website.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, EDTECHENERGY, LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE MY WEBSITE OR ITS CONTENT, OR MATERIALS REQUESTED THROUGH EMAIL; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH MY WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR CLASSROOM INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
EDTECHENERGY, LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $250.00 USD.
I expressly exclude any liability to the fullest extent of the law.
By using my website and its content or requesting materials via email, you agree to this limitation of liability and release EDTECHENERGY, LLC from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify EDTECHENERGY, LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of my website or its content, or materials requested through email, as well as any third party claims of any kind arising from your actions in relation to my website (including any content you submit, post to, or transmit through my website).
Should I be required to defend myself in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information I deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The materials contained on my website, including, but not limited to, products (including online courses and memberships), publications, programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of EDTECHENERGY, LLC and are protected by United States intellectual property rights.
EDTECHENERGY, LLC grants you a single-use, non-exclusive non-transferable ONE license to view, copy, download, and/or print the content of edtechenergy.org solely for your personal, non-commercial use with respect to your classroom. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on nicolecherioden.com, its materials, or its services, except as expressly authorized herein.
While I love the sharing of my content via social media, and edtechenergy.org uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver EDTECHENERGY, LLC’s intellectual property rights. Such use is a limited license to republish my website content on the approved social media channels with full credit to edtechenergy.org and EDTECHENERGY, LLC by Melanie Wiscount, Ed.D.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on edtechenergy.org, except as expressly authorized herein.
Nothing contained on edtechenergy.org should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by EDTECHENERGY, LLC or by any third party.
Any other use of the materials in edtechenergy.org and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use my website, products (including e-courses and memberships), publications, programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of my intellectual property rights. Unauthorized use constitutes theft, and I reserve the right to prosecute theft to the fullest extent of the law.
For all my inclusive and comprehensive intellectual property and terms of use for my online courses, visit my ONLINE COURSE TERMS.
Per the Terms and Conditions, "You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that 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 in the Program."
Your License to Me
When you submit any post, comment, image, or other content that you upload, publish, or display on or through my website (“User Content”), you grant to me a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to me expires but I retain the license to the extent that any User Content has been incorporated into my advertising and/or marketing or on my content or knowledge product sites.
User Limitations
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
· Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
· Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
· Advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to use this website for lawful purposes only and agree not to violate or attempt to violate any security features of edtechenergy.org including, but not limited to:
· Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
· Attempting to probe, scan, or test the vulnerability of edtechenergy.org or any associated system or network, or to breach security or authentication measures without proper authentication;
· Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to edtechenergy.org, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
· Using edtechenergy.org to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
· Forging any TCP/IP packet header or any part of the header information in any email or in any posting to edtechenergy.org; or
· Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EDTECHENERGY, LLC in providing edtechenergy.org. You understand that any violation of system or network security may subject you to civil and/or criminal liability. EDTECHENERGY, LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
Testimonials
My website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about my website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on my website, blog, podcast, videos, or in my emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your classroom.
You agree that I shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold me harmless should this occur.
Affiliate Disclosure
In the present or future, I may choose to provide an affiliate link to products and/or services that I believe align with my own products and/or services from time to time. You understand that I may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that I shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold me harmless should this occur.
Third Party Links
From time to time, I may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by EDTECHENERGY, LLC. If you use those links, you leave my website.
You agree that EDTECHENERGY, LLC is not responsible for the content, availability, or accuracy of other websites that may be linked to my website. I make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree EDTECHENERGY, LLC is not liable for any damage or loss caused by your access to, or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from edtechenergy.org’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Termination
I reserve the right to terminate your access to my website, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of Maryland, without regard to conflict of laws principles. The nearest state and federal court to Towson, Maryland shall have exclusive jurisdiction over any case or controversy arising from your use of my website or its content, or via materials requested through email.
By using my website or its content, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that EDTECHENERGY, LLC must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, I shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
I may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on my website at least 10 days prior to implementing the change. I recommend that you check the Terms and Conditions when you visit my website to be sure that you are aware of my most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: melanie@edtechenergy.org
Updated February 10, 2022
CONTACT Melanie Wiscount, Ed.D., Founder and CEO
EdTechEnergy LLC, Inc. welcomes your questions or comments regarding the Privacy Policy:
EdTechEnergy LLC, Inc.
P.O. Box 3621
Annapolis, MD 21403, United States
Email Address: support@edtechenergy.org
Effective as of April 10, 2021