Last Modified: December 10, 2017
- Third-Party Links and Content
- User Submissions
- Digital Millennium Copyright Act
- Children's Online Privacy Protection Notice
- Proprietary Rights to Content
- Eligibility for Registered Services
- Registration and Site Visitation Obligations
- Registered Services Password and Account Access
- Registered-User and Website Visitor Conduct
- Liability for Technical Disruptions to Our Website(s)
- Disclaimer of Warranties
- Limitation of Liability
- Use and Storage
- Trademark Information
- Complaince with FTC Guidelines
- Entire Agreement
- Invalidity; Waiver
- User Suggestions
- Questions / Comments
Edvisors Network, Inc. (“Edvisors,” “ENI,” “we,” “us,” “our”), a Massachusetts corporation, operates several websites, including but not limited to the following:
4. Third-Party Links and Content
Edvisors does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants on Edvisors websites. In other words, the Edvisors website(s) is/are merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. Edvisors does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and Edvisors shall not be liable for any harm resulting from or in connection with reliance on any such content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. In addition, the Edvisors. shall not be a party to or liable in any way for any harm associated with, any transaction between our users and any other user or participant on the website(s). Notwithstanding the foregoing, Edvisors reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
The Services display some content which is not Edvisors’. This content is the sole responsibility of the individual or entity that makes the content available.
5. User Submissions and User Responsibilities
The Services may permit the submission of certain user-generated text, information, data, video, chats, audio, photographs, files, messages or other content to or through the Services (“User Submissions”) and the hosting, sharing, transmission and/or publishing (“posting”) of such User Submissions. User Submissions may be used, distributed and published by Edvisors and viewed by both general users and Members of the Services. You understand that Edvisors does not guarantee any confidentiality with respect to any User Submissions.
User agrees to indemnify Edvisors for any content User post which user does not have the requisite permission as affirmed in (i) - (iii) in the foregoing paragraph.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submission you post or store through the Services or provide to Edvisors.
All User Submissions posted on Edvisors’ Websites or through Edvisors’ Services will be the exclusive property of Edvisors.
We may moderate the comments that appear on our Websites. We reserve the right but do not assume the obligation to delete or withhold publication of comments that violate our standards and the Disqus Terms of Service. Comments that are obscene, libelous or defamatory, or include vicious personal attacks will not be published. Comments or images that are racist, sexist, homophobic or otherwise offensive will not be published.
Additionally, you agree not to engage in any of the following prohibited activities or behaviors:
- impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Websites;
- post, upload, transmit, send or otherwise make available on or through the Websites any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
- use any language that is, or post, upload, transmit, send or otherwise make available on or through the Websites any User-Generated Content about a person or group that is violent or that victimizes, degrades, defiles or disparages any person or group based on race, color, religion, national origin, ancestry, citizenship status, physical or mental disability, sex, sexual orientation, gender identity and expression, age, medical condition, or veteran status or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
- use any language, or post, upload, transmit, send or otherwise make available on or through the Websites any User-Generated Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation libel, child pornography, fraud, or invasion of privacy;
- stalk others on or through the Websites, or using information obtained on or through the Websites;
- disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with the Websites, including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Websites, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Websites or otherwise;
- post, upload, transmit, send or otherwise make available on or through the Websites any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature;
- disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- violate any law (whether local, state, national, or international), whether or not intentionally;
- forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- "Frame" or "mirror" any part of the Sites; or
- engage in any other activity deemed by Edvisors to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
Copyright Policy for Submission of User Comments
We take claims of copyright infringement seriously. The copyright policy applicable to User-Generated Content (comments) is available through Edvisor’s vendor, Disqus, at http://help.disqus.com/customer/portal/articles/466260-terms-of-service. As stated in Disqus’ policies, if you believe any User-Generated Content on the Websites infringe your copyright, you may request removal of those materials (or access thereto) from the Websites by submitting written notification to Disqus in accordance with the procedures for submitting a notice to Disqus under the U.S. digital Millennium Copyright Act (“DMCA”) as outlined in Disqus’ Terms of Service available at http://help.disqus.com/customer/portal/articles/466260-terms-of-service.
6. Digital Millennium Copyright Act
Edvisors responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the DMCA (see 17 U.S.C. 512(c)(3) for further information).
To file a notice of infringement you must provide a written communication that sets forth the items specified below. You may be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the Websites, a web page or any content on the Websites is infringing your copyright.
As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under the doctrine of fair use. If you are not sure whether material located on a Edvisors site infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
A. Notification If you are a copyright owner or an agent thereof and believe that any User Submission or other Edvisors content infringes upon your copyright, you may submit a written notification pursuant to the DMCA by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that I allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by the notification, a representative list of such works on or in the Services: (iii) a description of the location on the Services or Websites of the allegedly infringed material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the matter complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Edvisors’ designated Copyright Agent for notice of claims of infringement is:
Compliance Department, College Loan Corporation, 10000 W. Charleston Blvd., Suite 200 Las Vegas, NV 89135
Telephone: (702) 777-8405
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Edvisors’ customer service at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
B. Termination of Repeat Offenders In accordance with the DMCA and other applicable law, Edvisors shall, in appropriate circumstances, terminate access, at Edvisors’ sole discretion, of any general user or Member that Edvisors finds to be a repeat infringer of other copyrights. Edvisors may also, in its sole discretion, limit or fully terminate access to the Website or Service(s) of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.
7. Children’s Online Privacy Protection Notice
This Website is not directed or otherwise promoted for use by children under the age of thirteen (13). Edvisors does not knowingly collect, maintain or use personal information from our websites about children under age 13. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of 13. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third-parties. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information via our site.
8. Proprietary Rights to Content
You agree that title, ownership rights, and other intellectual property and proprietary rights in the Services shall remain in Edvisors and/or its licensors and suppliers. You acknowledge that the content of this Website and the Services - including but not limited to text, sound, photographs, graphics, software or other material contained in either Edvisors, Sponsor, Client, Affiliate or Reward Partner electronic mail communications, services or software - is copyrighted by Edvisors and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Edvisors or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Edvisors and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Edvisors, its Clients, Affiliates, Sponsors or Reward Partners may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any such content. You may use Edvisors’, Sponsor’s, Client’s, Affiliates or Reward Partners’ content, service or software only as expressly authorized by Edvisors, the Sponsor, the Client , the Affiliate or the Reward Partner.
You acknowledge and agree that the Services and any necessary software provided by Edvisors or its Sponsors, Clients, Affiliate, Reward Partners or other third-party partners and used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Edvisors grants you a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with your use of this Website and the Services; provided that you do not (and do not allow any third-party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. You agree not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Edvisors for such use.
9. Eligibility for Registered Services
Some Edvisors’ websites require registration in order to fully use the website. You will be required to register if you wish to obtain access to Edvisors Websites that provide Registered Services and become a registered member (“Member”), subject to the following eligibility requirements: (i) Members must be thirteen years or older at the time of registration; (ii) membership is limited to individuals only, corporations or other business entities may not become Members; (iii) Registered Services are limited to one account per individual, even if the individual has multiple email addresses; (iv) employees of Edvisors and members of their household are not eligible to participate; and (v) automated services, scripts, or other machines are not eligible. Some Registered Services have additional eligibility requirements, which will be contained within the specific terms and conditions of Member Agreements associated with participation in those Registered Services.
10. Registration and Site Visitation Obligations
To access and use Services, you need computer equipment and telecommunications access necessary to connect to and access the World Wide Web. You must provide, at your own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees such as ISP charges) necessary to access the Services and any future enhancements or additional services. In consideration of use of Registered Services, you agree to provide to Edvisors and its third-party partners true, accurate, current, and complete information as prompted by the Registered Service Website’s online registration form (the “Registration Data”) and agree to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Edvisors may suspend or terminate your account and/or access to the Website immediately and may refuse you all current or future use of the Registered Service. Some Services include Promotions and Contests. If you are the winner of any such Promotion or Contest you understand you may be required to allow Edvisors to use your name, likeness, testimonials, contest submissions and biographical information for future promotional material along with reporting required by law.
11. Registered Services Password and Account Access
Members of Registered Services have certain Rights & Responsibilities with respect to Password and Account Access: (i) Member must select a password as part of the registration process (unless the Member logs in using a third-party social media functionality such as Facebook Connect); (ii) in order to prevent unauthorized activity, to access the Registered Service on the Internet, Member must give the Registered Service their e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and participate in Promotions and Contests: (iii) for security purposes, Member is advised to memorize, and not to write down, his/her password; (iv) Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member’s e-mail address and password, including all unauthorized activities: (v) Member agrees to (a) immediately notify Edvisors of any unauthorized use of Member’s e-mail address and password or any other breach of security related to this Website or the Service, and (b) ensure that Member logs out from Member’s account at the end of each session; and (vi) Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member’s account.
Edvisors has certain Rights & Responsibilities with respect to Password and Account Access: (i) Edvisors will implement security measures at or above industry standards to secure Member’s password on the database; (ii) Edvisors is entitled to act on instructions received under Member’s password and e-mail address; and (iii) Edvisors cannot and will not be liable for any loss or damage arising from Member’s failure to adequately safeguard Member’s e-mail address and/or password.
12. Registered-User and Website Visitor Conduct
You may not upload, post, email, transmit or otherwise make available any User Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Additionally, you may not use the Services in connection with affiliate programs, multi-level marketing schemes, sites/blogs, repurposing existing stories (source hops), or off-topic content.
You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Services or any part thereof, in order to (i) build a competitive product or Service; (ii) build a product using similar ideas, features, functions, or graphics of the Service; (iii) remove, change or replace any Edvisors’ trademarks, logos, copyrights, or any other branding elements; (iv) hide, obscure, disable, or otherwise render inoperable any portion of the User interface including, but not limited to, the display of advertisements and promotions within the Services; or (v) copy any content, ideas, features, functions, or graphics of the Services. In addition, you may not use any meta tags or any other “hidden text” using Edvisors’ name or other trademark or service mark, nor any Edvisors logo or other proprietary graphic or service mark as part of a link, without the express written consent of Edvisors.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Additionally, you may not take any action that imposes, or may impose (as judged by Edvisors at its sole discretion) an unreasonable or disproportionately large load on our infrastructure.
You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Edvisors server, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect User names, User IDs, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and/or community postings without notice and may result in termination of User privileges.
13. Liability for Technical Disruptions to Our Website(s)
If you cause a technical disruption of our website or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses Edvisors may suffer and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
14. Disclaimer of Warranties
You agree that use of the Services and this Website is solely at your own risk. All Services offered by Edvisors are provided on a strictly “as is” and “as available” basis, without representation or warranty of any kind. Neither Edvisors nor its third-party partners make any warranty, express or implied: (i) with regard to any products, services, or gifts obtained by you through the Services or through any third-party; (ii) that the services will meet your requirements; (iii) that the Services will be uninterrupted, timely, free of errors or without defects; (iv) as to the results you may obtain by using the Services; (v) as to the accuracy or reliability of any information obtained via the Services; or tax liability imposed against you by any taxing authority. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, EDVISORS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES REGARDING THE INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTY OF MERCHANTABILITY; (II) THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND (III) NON-INFRINGEMENT. EDVISORS CANNOT AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY THIRD-PARTY INCLUDING BUT NOT LIMITED TO: CLIENTS, SPONSORS, REWARD PARTNERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDVISORS OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
15. Limitation of Liability
17. Use and Storage
You acknowledge that Edvisors may establish general practices and limits concerning use of the Services including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Services, the maximum disk space that will be allotted on Edvisors servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that Edvisors reserves the right to terminate accounts that are inactive for an extended period of time, as determined by Edvisors in its sole discretion. You further acknowledge that Edvisors reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that Edvisors has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Services.
18. Trademark Information
All Edvisors trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this Website or on or through the Services, are the property of their respective owners, and you may not copy or use them in any manner.
Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Edvisors or by any third party.
19. Arbitration: PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS
C. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Edvisors shall be addressed to Edvisors Network, Inc., 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135, Attention: President (“Edvisors Notice Address”). The Notice to you shall be addressed to any such addresses, including email addresses you may have provided Edvisors. If you have never provided Edvisors with any such address Edvisors will, after using due diligence to discover, send Notice to your last known mailing address. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Edvisors and you do not reach an agreement to resolve the claim informally within 30 days after the Notice is received, you or Edvisors may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Edvisors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Edvisors is entitled.
D. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitration will take place before a single arbitrator appointed in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 19 are for a court to decide. Unless Edvisors and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your home address, as provided in connection with the Notice. If your claim is for $10,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator unless otherwise directed by the AAA Rules. The arbitrator, applying applicable law and the AAA Rules, may award the party who prevails at arbitration reimbursement of the filing, administration and arbitrator fees that party incurred incurred, as well as reimbursement of any reasonable attorneys’ fees that party incurred.
E. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award declaratory or injunctive relief to the extent it affects conduct between a party and a non-party. YOU AND EDVISORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING SUCH AS A CLASS ACTION, CLASS ARBITRATION OR MASS JOINDER PROCEEDING. Further, unless both you and Edvisors agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
20. Compliance with FTC Guidelines on Endorsements/Testimonials
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("Guidelines").
22. Entire Agreement
24. Invalidity; Waiver
Sponsor: Any company or an organization that pays Edvisors to plan and carries out a sweepstakes, contest or activity on an Edvisors’ owned and operated website or mail-in promotion.
Client: Any company which Edvisors has a contract with to connect Edvisors members with. The Client would plan and carry out the sweepstakes, survey, contest or activity on Client’s owned and operated website or mail-in promotion.
Partner: Any company or organization who takes part in an undertaking with Edvisors, with shared risks and profits. For example, the Partner may own and operate a website where a survey occurs, but Edvisors would be operating the correlating sweepstakes where “Points” earned by through Partner’s survey, would be redeemed.
Affiliate: Affiliate is any business under common ownership or control.
27. User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Edvisors are not commercial and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Edvisors shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
If you have any questions or comments about the Services or become aware of misuse of the Services by any person, please contact us at firstname.lastname@example.org or at the following address: Edvisors Network, Inc., 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135