1. THESE TERMS. These are terms and conditions (the “Terms”) on which we supply services to you including digital content and services. Please read these terms carefully. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. YOU UNDERSTAND THAT BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS.
2. INFORMATION ABOUT US AND HOW TO CONTACT US.
2.1 Who we are. We are CBSoft L.L.C (“Company”, “our”, “us” or “we”), the operator of www.electronicperformancealert.ng and related social media sites (collectively, the “Site”). Our company mailing address is firstname.lastname@example.org. The Company provides its customers with web-based applications (the “Platform”) to assist its customers in managing their respective schools, as well as providing a secure portal to keep their records, information regarding the laws and regulations of various states, and customer service and support on related school tasks including setting up a school, managing students, staff, parents, reports and on curriculum (collectively, the “Services”). Subscribers (the “Subscribers”) are provided a user account by the Company for the subscription period (the “Plan”) to access the Platform for the Services.
2.2 How to contact us. You can contact us by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
3. OUR CONTRACT WITH YOU.
Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual's or entity's behalf.
3.2.1 The Company shall provide technical support to you depending on the support options specified in your chosen Plan.
3.2.2 Term, Price and Payment. Your access to the Services commences when you pay the fee resulting from you order under the terms of your Plan. The Company uses a third-party payment processor and does not have access to your payment information and does not store details of client payments.
3.3 Expectations. You acknowledge and agree that the Company: (i) does not represent, does not warrant and does not guarantee that you will be compliant with your state’s laws concerning schooling as a result of becoming a Subscriber of the Services; (2) does not represent, does not warrant and does not guarantee that the recommendations and information provided to you as part of the Services under the Plan constitute complete information necessary for you to operate a school program that is fully compliant with your state’s laws.
3.4 Your Responsibilities. You are solely responsible for your subscription/account and the activity that occurs while signed into or while using your subscription/account. If you sign up for the Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from the Company. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. The Company will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your computer (or any computing device) or your account.
3.5 Your Use and Restrictions. You are responsible for all use of the Site and for all use of your credentials, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
3.6 Indemnification. You agree that the Company is not responsible for any harm that this Site or the Service may cause. Upon a request by us, you agree to indemnify, defend and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by you or any third party using your credentials.
3.7 Data. The Company is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.
3.9 Changes. We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.
3.10 Copyright and Limited Use. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows:
You must not:
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org
If you provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights to the Site and the Services not expressly granted are reserved by the Company. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
3.11 Trademarks. The Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
3.12 Disclaimer. If you believe that any material on the Site infringes upon any copyright, which you own or control, please contact the Company at email@example.com.
3.13 Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4. OTHER TERMS
4.1 Geographic Restrictions. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ITS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ITEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY FINES OR OTHER LIABILITY INCURRED AS A RESULT OF BEING NON-COMPLIANT WITH YOUR STATE’S LAWS OR FEDERAL LAWS CONCERNING SCHOOL MANAGEMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER LOSS AND WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services and all Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or the Services, including, but not limited to, your User Contributions, any use of the Site or the Service other than as expressly authorized in these Terms.
At the Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration.
4.6 Waiver and Severability No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
4.7 Entire Agreement. The Terms and the documents referenced herein constitute the sole and entire agreement between you and the Company with respect to the Site and the Services supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or the Services.
Your comments and concerns.
This Site is operated by Chariot-Bethel Soft Technology “CBSoft L.L.C”.
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: email@example.com.