Terms of Use and Copyright Policy

Last Modified: January 1, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You (“You” and “Subscriber”) and EduHealth System developed by Nuvento Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of http://3.15.229.190 and SHAREPOINT SITE LINK and any subdomains under the stated sites as well as all related technologies, software, content and services provided by Company, including any content, functionality and services offered on or through http://3.15.229.190 (the “Website”), whether as a guest or a registered user. The services provided include a subscription-based, restricted access, student health portal, which allows subscribers to electronically store, organize and access personal health records of students.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://3.15.229.190/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

General

This site do not provide any medical advice. The health information available is only for reference and not for any decision making for any medical conditions and is provided to You via a subcription. You should consult your Physician for medical advice. We recommend you not to rely solely on the information provided. Always consult your physician or qualified health care provided for medical assistance, diagnosis or treatment of any medical conditions. You should not delay in seeking medical help for any medical conditions, for any emergency call 911 immediately. This site deso not offer any medical help nor assistance in any medical situations.

Any user who needs access to this site will be required to validate their email address and will be provided with a username. Users will have to use the provided Uuser name with a secure password to access the website. You should never share, disclose your user credentials to anyone else. Company is not responsible for any access violations occurring out of unauthorized access to site through sharing of user credentials. Users are recommended to change the password periodically and set a complex password (Password with combination of Alphabets, Number and Special characters). The user will be responsible for all access, changes to data, and usage of site.

If you believe your account is compromised, please reset the password immediately or reach out to support (see below) to block/ reset your account.

Data provided by user. You represent that any information you provide to Company during the setup of your service account or in connection with your use of the service is accurate, to the best of your knowledge.  You may not register for an account on behalf of or in the name of an individual other than yourself. You agree to promptly update any account information when such information changes.

Restrictions

Subscriber shall limit access to the Service solely to Permitted Users at the Rooftops as set forth on the applicable Purchase Order.  Subscriber shall inform each Permitted User of the restrictions and requirements of this Agreement, and Subscriber shall remain solely responsible for each Permitted User’s compliance with all the terms of these Terms of Use.  Except as otherwise provided herein, Subscriber agrees that it will not itself, or through any agent or other third party:

  1. Copy, reproduce, disclose or publicly display the Service
  2. Copy, reproduce, disclose or publicly display the documentation provided except to make copies to facilitate its use of the service
  3. Directly or indirectly license, distribute, resell, rent, lease, subcontract, operate or otherwise make available to, or use for the benefit of, any third party the service or the documentation
  4. Decompile, disassemble, reverse engineer or translate the service or the documentation;
  5. Modify the service or documentation, or develop any derivative works based upon the service or Documentation, or build a competitive product or service using similar ideas, features, functions or graphics as the service
  6. Use the service for the benefit of third parties or otherwise use the service on a ‘service bureau’ basis
  7. Disclose any passwords or other security or authentication device with respect to the service to any person other than the person to whom such passwords or other security or authentication device are properly issued hereunder
  8. Use the service in a manner that is not contemplated in the documentation or that constitutes a violation of any applicable law, rule or regulation (“Applicable Law“)
  9. Remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the service or documentation; or
  10. Directly or indirectly, ship, export or re-export in violation of any Applicable Law. Users can view, edit, add information to the website based on the need and use the available information for all internal purpose.

Payment

Subscriber agrees to pay Company the fees described on the applicable Purchase Order, as the same may be amended or supplemented from time to time upon notice to Subscriber (collectively, the “Fees”) together with all reasonable out-of-pocket travel, living and ancillary expenses paid or incurred by Company or its personnel in connection with performing under this Agreement.  Amounts to be paid by Subscriber under this Agreement shall be payable thirty (30) days after date of invoice from Company.  Any late payment shall be subject to Company’s costs of collection (including reasonable legal fees and costs) and shall also bear interest at the rate of one and one-half percent (1.5%) per month (or part thereof) or, if lower, the highest rate permitted by Applicable Law until paid.  The Fees listed in this Agreement do not include taxes; if Company is required to pay sales, use, property, value-added, or other federal, state or local taxes based on the licenses granted under this Agreement, but excluding taxes based on Company’s income, then such taxes shall be billed to and paid by Subscriber. 6.Nonpayment and Suspension.  In addition to any other rights granted to Company herein, Company reserves the right to suspend or terminate this Agreement and Subscriber’s access to the Service if Subscriber’s account becomes delinquent and is not cured within thirty (30) days following receipt of notice of delinquency by Subscriber.  Subscriber will continue to be charged the applicable Fees during any period of suspension.

You are responsible for securing, at your own cost, all computer equipment, internet access, software, and other items or services necessary to access and use the Website and/or service.

Term and Termination.

  • This Agreement shall commence on the date Company accepts your subscription request and shall continue for one (1) year (the “Initial Term”). Thereafter, this Agreement shall automatically renew for successive one (1) year terms (each a “Renewal Term”), unless Subscriber provides written notice to Company of Subscriber’s intent not to renew at least sixty (60) days prior to the expiration of the then pending term. The Initial Term and any Renewal Terms are referred to collectively as the “Term.” Notwithstanding the foregoing, this Agreement may be terminated prior to the expiration of the then-current term by either party upon a material breach by the other party, which is not cured within thirty (30) days following the breaching party’s receipt of written notice from the non-breaching party describing the breach.
  • Effect of Termination. Upon termination or expiration of this Agreement, all licenses granted to Subscriber hereunder shall immediately terminate, Subscriber shall immediately cease use of the service and return or destroy (or upon Company’s written request) all copies, complete or partial, of any Confidential Information of Company in Subscriber’s possession, if any, and shall certify in writing to Company that all such materials have been returned, destroyed or deleted in accordance with this Agreement. All other provisions of this Agreement shall survive any termination or expiration of this Agreement.

Confidentiality

Unless otherwise stated herein, you acknowledge and agree that you and/or Company may provide to the other Confidential Information in connection with their respective performance under this Agreement and, as such, each party may at times be acting as a Discloser, in which case the other party shall be the Recipient.  Both parties agree that any and all Confidential Information in any form or media obtained by a Recipient shall be held in strict confidence and shall not be copied, reproduced, or disclosed to third parties, except a party’s employees or contractors who have a need to know such Confidential Information to facilitate performance under this Agreement and who are subject to written obligations of confidentiality which are at least as protective as those set forth herein.  Recipient agrees to use the same standard of care to protect Discloser’s Confidential Information that Recipient uses to protect its own most Confidential Information, but no less than a reasonable degree of care.  The obligations of confidentiality set forth in this Section shall not apply to any information which:

  • Was known to the Recipient without an obligation of confidentiality prior to the time of disclosure by the Discloser;
  • At the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of this Agreement or other wrongful act by the Recipient;
  • Was lawfully received by Recipient from a third party without any obligation of confidentiality; or
  • Is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority, provided that Recipient shall give prompt written notice to Discloser to enable Discloser to seek an appropriate protective order and reasonably cooperate with the disclosure in any efforts to limit such disclosure.  The terms and conditions of this Section shall supersede the terms and conditions of any other non-disclosure agreement signed by the parties and shall survive the termination or expiration of this Agreement.

 

NOTICE OF IMMUNITY UNDER THE ECONOMIC ESPIONAGE ACT OF 1996, AS AMENDED BY THE DEFEND TRADE SECRETS ACT OF 2016. Notwithstanding any other provision of this Agreement:

  • A party will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that:
    • Is made:
      • in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and
      • solely for the purpose of reporting or investigating a suspected violation of law; or
    • Is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our {hyperlink URL) Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website 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), and derivative works of same are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide {Invalid hyperlink URL} with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@eduhealthsystem.com .

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms EDUHEALTH, NUVENTO, the Company 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 Website are the trademarks of their respective owners.

Subscriber or its Permitted Users may provide feedback or suggestions to Company, including ideas for new or improved products or technologies, product enhancements, processes, marketing plans or new product names (collectively “Feedback”). Subscriber hereby assigns, transfers and conveys to Company, exclusively and perpetually, all rights, titles, and interests throughout the world that it may have or acquire in any Feedback, including all Intellectual Property Rights therein. Except for the limited rights granted in this Agreement, Subscriber is not granted any right, title or interest whatsoever in any of the Company’s Intellectual Property under this Agreement now or in the future.  Subscriber agrees that it will not claim or assert title to, or attempt to transfer any title to, any such materials.

Covenants

Subscriber covenants and agrees to

  • implement and maintain all such administrative, physical and technical safeguards as may be necessary to maintain the security of the Service and otherwise prevent unauthorized users from gaining entry or access to the service;
  • use all commercially reasonable measures to prevent the introduction of viruses to the service;
  • comply with all Applicable Laws;
  • notify Company immediately of any error or bug in the service, or any unauthorized use of any password or account, or any other known or suspected breach of security; and
  • notify Company immediately and use reasonable efforts to stop any copying or distribution of data that Subscriber knows or suspects is in violation of Applicable Law or the rights of any third party.

Mutual Warranties

Each party represents and warrants to the other as follows:

  1. it is an entity duly organized, valid, existing and in good standing under the laws of the jurisdiction of its incorporation or formation and has the corporate power to own its assets and properties and to carry on its business as currently conducted;
  2. this Terms of Use agreement is the legal, valid and binding obligation of such party, enforceable in accordance with its terms; and
  3. the execution, performance and delivery of this Terms of Use agreement by such party will not conflict with or violate or result in any breach of, or constitute a default under, any Applicable Law, contract, agreement or other obligation of such party.

Compliance with Laws and User Restrictions

You agree to comply with all applicable laws in connection with your use of the Website and service. You may not use them to:

  • publish or transmit obscene, profane, pornographic, or vulgar materials;
  • knowingly distribute false information about a person or organization;
  • distribute advertising or other unsolicited materials to any third parties; or
  • harass, intimidate or threaten others.  You further agree not to:
  • upload files or other materials or information that may contain viruses, malware, spyware, trojan horses, worms, time bombs, corrupted files, or any other contaminating or destructive software (“Virus”);
  • disable, “hack” or otherwise interfere with the proper functioning of, or to restrict or inhibit another user from accessing or using the Site or Service;
  • impersonate someone else or to create a false identity to mislead others; or
  • use any automated process or service (such as a bot, a spider, periodic caching of information, or metasearching) to access or use the Service.  In the event a virus is found to have been introduced into Website of service through your equipment or software, you agree to assist Company as requested to mitigate any damage and restore the Website and/or service to its prior condition.

Security

Company will use reasonable security measures to protect against unauthorized access to Website and service. However, no security measures are perfect and you agree that Company is not responsible for any failure of such security measures to prevent unauthorized access. You agree to observe all security features on the Website and service and not to disable or circumvent any security features or devices.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, {OTHER INTERACTIVE FEATURES}, 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 Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, 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.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

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 Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

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 Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, 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.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive 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:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our {Invalid hyperlink URL}.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our {Invalid hyperlink URL} for instructions on sending 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

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our {Invalid hyperlink URL}. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services formed through the Website, or as a result of visits made by you are governed by our {Invalid hyperlink URL}, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The inclusion of any link to a third-party website does not constitute or imply an endorsement or recommendation by Company of any information, products or services associated with that link.

Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SUBSCRIBER IS SOLELY RESPONSIBLE FOR ITS USE OF ALL DATA AND OUTPUT FROM THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONFIRMING THE ACCURACY THEREOF.

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.

NOTWITHSTANDING THE FOREGOING, COMPANY REPRESENTS AND WARRANTS THAT: (A) IT WILL PERFORM ITS SERVICES IN A PROFESSIONAL AND WORKMANLIKE MANNER; AND (B), ITS SERVICES SHALL MATERIALLY CONFORM TO THE ASSOCIATED DOCUMENTATION PROVIDED. YOUR SOLE REMEDY IN THE EVENT OF A BREACH OF ANY WARRANTIES BY COMPANY IS FOR COMPANY TO RE-PERFORM OR REPAIR ANY NON-CONFORMING SERVICE WITHIN A COMMERCIALLY REASONABLE TIME FROM COMPANY’S RECEIPT OF NOTICE FROM YOU STATING THE NON-CONFORMANCE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO SUBSCRIBER OR ANY OTHER PERSON OR ENTITY UNDER, RELATING TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL FEES ACTUALLY PAID BY SUBSCRIBER TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH ASSERTED LIABILITY OCCURS. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL REMAIN FULLY EFFECTIVE EVEN IF THE REMEDIES AVAILABLE TO SUBSCRIBER FAIL OF THEIR ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT EITHER PARTY’S RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING 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.

ASSUMPTION OF RISK; WAIVER

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION THE INFORMATION CONTAINED THEREIN. YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE BUSINESS PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, LIABILITIES OR OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE SITE OR SERVICE.  USERS WHO ARE CALIFORNIA RESIDENTS HEREBY WAIVE ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SEC. 1542; USERS WHO ARE RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE ON THEIR BEHALF, THAT OF THEIR INSTITUTION (AND THAT OF ANY OTHERS WHO MAY CLAIM BY OR THROUGH ANY OF THE FOREGOING) ANY AND ALL SIMILAR RIGHTS UNDER APPLICABLE OR ANALOGOUS LAWS, STATUTES, REGULATIONS OR OTHER BINDING LEGAL AUTHORITIES.

Indemnification

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 of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy (and applicable privacy policies for California and Nevada residents), and Terms of Sale, constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by EduHealth System developed by Nuvento Inc.,

1249 South River Road, #203
Cranbury, New Jersey 08512

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, see below, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@eduhealthsystem.com.

COPYRIGHT POLICY

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

EduHealth

1249 South River Road, #203
Cranbury, NJ 08512

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Privacy