PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY:

MyTechDesk Lite is a web-based work order/ticket management system operated by the Imperial County Offices of Education (ICOE) located in El Centro, California. This agreement is between you and ICOE.

If you choose to use the MyTechDesk Lite Product ("the Product"), you will be agreeing to abide by the Terms and Conditions of Service (“terms and conditions”) of this agreement. By using the Product, you signify your assent to these terms and conditions. If you do not agree to these terms and conditions, please do not use the Product.

• Definitions:

The following definitions apply throughout this agreement:
Feature – any functionality of the Product,
Database – the data tables underlying the Product, including data entered by users,
Content – any text or graphical elements of the web pages comprising the Product,
Server – the file server hardware and software hosting the Product.

• Right to Modify Agreement:

ICOE may change, add, or remove portions of this agreement at any time. If this agreement is modified, a notice of Agreement Modifications will be posted to the Product. If any of these terms and conditions or any future changes are unacceptable to you, you may discontinue using the Product. Your continued use of the Product following the posting of notice of any changes in these terms and conditions will indicate acceptance by you of such terms and conditions, changes, or modifications. ICOE may change, suspend, or discontinue any aspect of the Product at any time, including the availability of any feature, database, or content.

• Ownership:

ICOE has ownership rights to the Product and all system code.

All information provided in the Product or through the Server is protected by copyright in the United States of America and other countries. Submission of any information to the Product or through the Server, whether in the form of text, images, or graphical elements, will serve as a grant of permission to ICOE to display such information in the Product and through the Server and to use such information for any future purposes (e.g. potential implementation of a shared knowledge base) without remuneration. You may not alter or remove any trademark, copyright, or other notice from copies of the content.

• Copyright and Service Mark Notice:

MyTechDesk Lite is a registered service mark of ICOE in the United States of America and in other countries and may not be used without advance written permission of ICOE.

You agree to report any copyright violations of this agreement to ICOE as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Product, please notify ICOE.

• Content Notice

ICOE is under no obligation to monitor the information residing on or transmitted to the Server, and assumes no responsibility for any harm or damages that may be incurred by its users as a result of their voluntary exposure to such information. ICOE also disclaims any responsibility for the content of any web site to which the Product may be linked or claims made by the operator of any such web site.

Anyone using the Product agrees that ICOE may monitor the database contents periodically, at its discretion, to comply with any applicable laws, regulations or other governmental requests. ICOE reserves the right – but undertakes no duty – to modify, edit, reject or eliminate any information residing on or transmitted to its Server that it in its sole discretion, believes is unacceptable or in violation of this agreement.

• Disclaimer of Warranties and Limitation of Liability

The information provided in the Product is provided "as is" without warranties of any kind, either express or implied. To the fullest extent allowed by applicable law, ICOE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

ICOE does not warrant that any features of the Product will be uninterrupted or error-free, that defects will be corrected, or that the Product or the Server that makes it available are free of viruses or other harmful conditions or components. ICOE does not warrant or make any representations concerning the use or the results of the use of the information provided in the Product and through the Server in terms of its correctness, accuracy, reliability or otherwise.

ICOE does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Product by any user, information provider, or any other person or entity. ICOE does not warrant that the Content of the Product is free from errors, interruptions, omissions, defects, or other damaging elements or that ICOE will correct any errors, omissions, or defects. You acknowledge that any reliance upon any such materials, opinions, advice, statements, memorandums, or information shall be at your sole risk. The Product and all downloadable materials are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the Product is at your sole risk, and you assume the cost of service, repairs, or corrections to your hardware, software, or other equipment.

In no event shall ICOE be liable for any direct, special, indirect or consequential damages or any damages whatsoever resulting from the loss of use, data, profits, or otherwise whether in an action in contract or in tort, arising out of or in connection with the performance or use of the Product. In no event shall ICOE' total liability for all damages, losses, and cause of action (whether in contract or in tort) exceed the amount paid by the user, if any, for accessing the Product.

• Representations And Warranties

You represent, warrant, and covenant that no materials of any kind submitted by you will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (b) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless ICOE, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your access privileges of this agreement or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. ICOE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

• Security

You are responsible for all usage or activity requiring your User ID, including use of the account by any third party authorized by you to use the information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for revoking your access privileges at ICOE' sole discretion, and ICOE may refer you to appropriate law enforcement agencies.

• Privacy

The Product's membership registration form requires users to give ICOE contact information (e.g., name and e-mail address), and demographic information (e.g., ZIP code, age, or occupation). Demographic and profile data are also collected by our Product (e.g., job title, workplace). We may use these data for demographic reports distributed within our organization.

ICOE will not sell or make available any personal information about individuals who use its Product. This specifically applies to e-mail addresses. ICOE reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. ICOE reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Product or other ICOE offerings.

The Product has security measures in place to protect the loss, misuse, and alteration of the information under the control of ICOE. We use your IP address to help diagnose problems with our Server and to administer our Product. We use cookies when necessary to enable special features within the Product.

• Termination Of Use

You may terminate your use of the Product at any time by ceasing to use it. ICOE may, in its sole discretion, terminate or suspend your access to parts of the Product for any reason, including, without limitation, breach or assignment of this agreement.

• Miscellaneous

If any provision of this agreement shall be determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability or any remaining provisions. This is the entire agreement between the user and ICOE relating to the subject matter herein and shall not be modified except in writing, signed by both parties. This agreement shall inure to the benefit of all successors and assigns of ICOE.