Terms of Service
Terms of Service Last Revised: December 6, 2007.
Copyright © The SC ATE Center of Excellence and Florence-Darlington Technical
College. All rights reserved. This site has been published since 2007 and is continuously
updated and revised.
Except as specifically permitted herein, you may not reproduce any portion of the
Materials (as defined below) posted on this Site without prior written permission
from the SC ATE Center of Excellence. This prohibition includes, but is not limited
to editorial and pictorial content.
You ("you" or the "User") are about to register to view and
interact with a web site hosted by, and/or use other services provided or arranged
by, the SC ATE Center of Excellence/National Resource Center for Expanding Excellence
in Technician Education, DUE #0602710 ("we" or "us"). We provide
online information resources and services (collectively, the "Services"),
subject to the following terms and conditions and any rules, guidelines or policies
that may be published from time to time by us (collectively, the "Terms of
Service"). We may change or add to any or all of the Services at any time without
notice. We may refuse to provide the Services to any person or entity in our sole
discretion. We may cancel the Services with or without cause at any time, including,
without limitation, if any of the registration information you provided is false
or misleading, if you have violated these Terms of Service, or if your organization
or funding agency informs us that you are not authorized to use any of the Services.
Unless we state otherwise, any changes or additions to any of the Services will
be subject to these Terms of Service. These Terms of Service (including the rules,
guidelines and policies incorporated herein) may be changed from time to time by
us without notice. By registering to use or using this web site or any of the
other Services, you agree to these Terms of Service.
We do not provide hardware, software, equipment or systems to any User to connect
to or access the Internet, and all such hardware, software, equipment and systems
shall remain the sole responsibility of the User.
1. REGISTRATION AND PASSWORDS
By registering to use the Services, you represent to us and agree that (a) you are
18 years of age or older, and (b) you have provided to us and will maintain at all
times with us accurate, correct and complete information that may be requested by
the registration forms (the "Registration Data"). If we have reason
to believe that the Registration Data you have provided is not accurate or incomplete,
we may suspend or terminate your ability to use any or all of the Services. Your
We attempt to protect the privacy and integrity of the Services and your privacy
by making access to, and use of, some of the Services subject to the use of a password.
When you register to use or personalize the Services the first time, you will create
a password. Thereafter, you must use your password to access and use certain Services.
You should keep your password confidential and not share your password with anyone.
You will be fully responsible for all activity that occurs under the use of your
user name or password. You agree to immediately notify us of any unauthorized use
of your user name or password by emailing us at email@example.com
2. CONDITIONS OF USE
You agree that you may use the Services only as long as you comply with rules, regulations
and guidelines ("Rules") published by us from time to time. The current
Rules are published at TeachingTechnicians.org. We may amend or supplement
the Rules from time to time in our sole discretion without prior notice. Changes
are effective upon posting, and we encourage you to frequently review the Rules
online for any changes. The Rules, as amended and supplemented from time to time,
are incorporated by reference into these Terms of Service. You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Services.
We do not in the ordinary course pre-screen or monitor content of the web sites
or public areas to which this website links. However, we reserve the right,
but not the obligation, to determine in our sole discretion what is and is not acceptable
content on any web site or in any other communication or posting made in connection
with the Services, to limit placement of any content on a web site or on any other
area provided in connection with the Services, to remove, alter or block access
to any content immediately and without prior notice, to determine in our sole and
absolute discretion what is and is not an appropriate conduct and use of any of
the Services, and to cease providing or bar access to any or all of the Services
to any User at any time, for any reason or for no reason, without prior notice.
We reserve the right, but not the obligation, to monitor and investigate complaints
regarding any of the foregoing, and you agree to cooperate fully with us in providing
access and information as may be requested at any time and from time to time. You
agree that any reservation of rights by us imposes no obligation of any kind on
us to take any of the foregoing actions.
You agree not to submit to the Site any content which (a) is libelous, defamatory,
invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates
or infringes any person’s legal rights or the legal rights of any entity,
including, but not limited to, copyrights, trademarks and patents; (c) violates
any law; (d) advocates any unlawful activity; or (e) solicits funds for or otherwise
advocates any organization, goods or services.
Access to event posting and personal preference portions of the TeachingTechnicians.org
web site is password protected. We do not warrant or guarantee the integrity
or security of the Services or the content, information or data transmitted through
or contained on any portion of the Services.
Registration Data and other personally identifiable information about you that you
discretion without prior notice. Changes are effective upon posting, and we encourage
4. PROPRIETARY RIGHTS
We own (a) the contents of the TeachingTechnicians.orgweb site, (b) the content
contained in or presented through the Services by us or by third parties engaged
by us (including, without limitation, text, music, sound, photographs, graphics,
video, page layout, and design), (c) the software, hardware, files, processes, systems,
databases and tools used or provided by us or by third parties engaged by us to
provide the Services, (d) other tangible and intangible personal property relating
to the Services, including, without limitation, the domain names, IP numbers and
addresses that may be used by us in providing the Services, and (e) the trade names,
trade marks, service marks, copyrights, patents, inventions, trade secrets, know-how
and other intellectual property rights relating to the foregoing ("SC ATE Center
These Terms of Service do not constitute a license to you or any other person to
use any SC ATE Center Property, except that you may use those Services that we make
available to you solely for your personal use. You agree that you will not, and
that you will not permit any person or entity to, copy, revise, alter, modify, decompile,
reverse engineer, assemble, or attempt to discover, nor sell, assign, sublicense,
encumber, or otherwise transfer any interest in, any SC ATE Center Property, including,
without limitation, any object code, source code, underlying processes or algorithms
contained therein, other than as is permitted by us in writing.
You may submit additional content to a web site to any "public areas"
provided as part of the Services, subject to these Terms of Service (including,
without limitation, the Rules). "Public areas" are areas where you may
submit content for viewing by others and where others may submit content for viewing
by you, such as news items, chat rooms or bulletin boards, whether or not access
to such areas is restricted. You are responsible for such content and for postings,
email and other communications transmitted or posted by you using the Services.
By creating, posting or submitting content on a web site or any public area, or
permitting others to do the same, you represent and warrant that the content complies
with these Terms of Service (including, without limitation, the Rules), and grant
to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free, sub
licensable (through multiple tiers) non-exclusive right and license to exercise
all rights with respect to the content submitted, created or posted in any public
area, and to cache, backup and otherwise use all such content, in order to provide
the Services. You agree that such caching, backup and other use is not an infringement
of any of your intellectual property rights or any third party's intellectual property
You agree that we may preserve or disclose content if required to do so by law or
regulation or in the good faith belief that disclosure is reasonably necessary to:
(i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond
to claims that any content violates the rights of third parties; (iv) protect the
rights, property, or personal safety of us, other Users or the public; or (v) provide
5. THIRD PARTY DEALINGS
If you acquire goods or services from a third party, whether or not the goods or
services are used as part of or found through the Services, you agree that your
business dealings with that third party are solely between you and the third party.
We have no liability for any reason connected with such third party or the goods
or services acquired, including, without limitation, complaints or claims concerning
failure to perform, defects in goods or services or otherwise.
Links to other web sites or resources may be provided by us or third parties as
part of the Services. You agree that we have no control over such sites and are
not responsible for them. You also agree that we are not responsible for any content,
advertising, products or material on or available from such sites or resources.
6. DISCLAIMERS AND LIMITATIONS
Use of the Services and any equipment, software and hardware provided in connection
with the Services, is on an “as is” basis and on an “as available
“ basis. We make no, and hereby disclaim any and all representations
and warranties, express or implied, of any kind or nature with respect to the Services
or such property, including, without limitation, any warranties of merchantability,
fitness for a particular purpose, or non-infringement. Neither we, nor any
other person or entity involved in creating, producing or delivering any of the
Services represents or warrants that the Services will be timely, uninterrupted
or error free, that defects will be corrected, or that the Services or the servers
or other property that are used in providing the services will be free of viruses
or other harmful components we hereby disclaim any liability or responsibility,
arising out of the inaccuracy, illegality, and/or inappropriateness of any content
provided to any web site or any public area, the damage, destruction or corruption
of any content or other data, or the use or misuse of, or inability to use, the
Services by any person or entity.
In no event will we be nor any other person or entity involved in creating, producing
or delivering any of the Services be liable for any indirect, special, or consequential
or exemplary damages, including but not limited to, damages for lost profits, goodwill,
use, data, or other intangible losses (even if we have been notified of the probability
of such losses) arising out of or related to the Services.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation
or exclusion of liability. In such jurisdictions, so of the limitations in
the section may not apply to you.
Under no circumstances will we be liable for failure or delay in connection with
the Services if the failure or delay is due to circumstances beyond our control
including, without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of, interruption or delay in telecommunication
or third party services (including DNS propagation), failure of third party software
or hardware, or inability to obtain raw materials, supplies, or power used in equipment
needed for the provision of services.
You agree that any claim or cause of action which you may have arising out of a
claim related to these Terms of Service or the Services must be filed within one
(1) year after such claim or cause of action arises, or the claim or cause of action
will forever be barred.
You agree to indemnify and hold harmless us and our parents, subsidiaries, affiliates,
officers, members, employees, representatives and funding sources or sponsors from
any and all claims, liability and expenses (including without limitation, reasonable
attorneys fees) arising out of or related to your use of the Services, your breach
of any provision of these Terms of Service, or any content posted or transmitted
by you through the use of the Services. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, which shall not excuse your indemnity obligations.
All pages on this Site, including the logo, splash screen and all page headers,
custom graphics and button icons are non-registered service marks, trademarks, and/or
trade dress (collectively, “Marks") of specific entities. TeachingTechnicians.org
and SCATE.orgare trademarks of Florence-Darlington Technical College.
SC ATE Center of Excellence and SCATE Inc. are trademarks of the SC ATE Center of
Excellence and SCATE Inc. respectively. Other third parties' trademarks may also
appear on this web site. The trademarks may also appear on other portions of the
Services. You may not use the Marks or third parties' trademarks without the prior
written permission of the owner or the applicable third party.
9. COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and investigate
notices of alleged infringement of intellectual property rights related to this
web site or the Services, as provided by Digital Millennium Copyright Act ("DCMA"),
and will respond appropriately, as provided by the DCMA. As appropriate, we will
move expeditiously to remove or disable access to material claimed to be infringing
or claimed to be the subject of infringing activity. We will terminate access to
Users who are repeat infringers. Notices of claimed infringement should be directed
to our Copyright Agent at the following address:
SC ATE Center of Excellence
2715 West Lucas Street
PO Box 100548
Florence, SC 29501
10. GENERAL PROVISIONS
These Terms of Service constitute the entire agreement between you and us concerning
your use of the Services and the relationship between you and us, and supersede
any prior or contemporaneous oral or written communications, representations or
understandings concerning the subject matter. You may be subject to additional terms
and conditions imposed by a separate agreement between Users, for example a separate
agreement between an association and its management company or between members and
their association or its management company. We are not bound by or subject to any
such agreements. In addition, we may have entered into separate agreements with
less than all Users, for example an agreement between us and a management company.
If you are not a party to any such agreement, then you agree that you are not subject
to it, are not entitled to enforce it, and are not a third party beneficiary of
it. You agree that you are not relying on any representation, warranty, guarantee
or statement of any kind or nature made by us or anyone on our behalf except as
set forth in these Terms of Service. If any provision of the Terms of Service is
held invalid or unenforceable, the remaining provisions will remain in effect.
No waiver of any breach or failure or delay in exercising any right, power or remedy
of any provision of these Terms of Service shall constitute a waiver of the same
or any other provision hereof with respect to prior, concurrent or subsequent occurrences
and no waiver shall be effective unless made in writing and signed by an authorized
representative of the party against whom such waiver is sought. These Terms of Service,
and any dispute arising pursuant to these Terms of Service, shall be governed by
South Carolina law, exclusive of its provisions regarding conflicts of law. Any
action relating to these Terms of Service must be brought in Florence, South Carolina,
and both parties irrevocably consent to the jurisdiction of the state and federal
courts located in Florence, South Carolina.
Titles and headings are included solely for convenient reference and are not part
of these Terms of Service. You may not assign any of your rights or obligations
(in whole or in part) without our prior written consent, which we may withhold,
in our sole discretion. We may assign our rights and obligations under these Terms
of Service without your prior written consent.