PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE
CAREFULLY:
This Agreement is a legal contract between you (the
“customer”) and the Imperial County Offices of Education (ICOE) located in El
Centro, California. This Agreement sets forth all of the terms, conditions,
obligations, responsibilities and remedies between you and ICOE with regard to
your use of MyTechDesk, a web-based work order/ticket management system
operated by ICOE (the “Product” or “Service”). If you do not agree to all of
the terms of this Agreement, do not use the Product.
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,
Subscription Fee –
the fee paid by the customer for the Product and Service provided by ICOE,
Service Year – the 12 month period beginning with the date of receipt of
Subscription Fee payment by ICOE.
You may use the
Product pursuant to the terms of the particular license you have acquired as
specified at the time of purchase.
ICOE may change, suspend, or discontinue any aspect of
the Product, including the availability of any feature, database, or content. ICOE
will provide 30 days notice prior to making any changes under this provision
that result in a reduction of service. ICOE reserves the right to make
improvements to the Product without notice. The determination of “reduction of
service” and “improvements” to the Product are at the sole discretion of ICOE.
- Right to Modify License Grant:
ICOE may modify, change or discontinue any aspect of the
License Grant, including pricing and eligibility requirements. ICOE will
provide 30 days notice prior to making any changes under this provision.
Your rights under this agreement may not be assigned
without express permission from ICOE.
You
may terminate your use of the Product at any time by ceasing to use it. ICOE,
at its sole discretion, may refund all or part of any current fees paid for the
service.
- Right to Discontinue Service:
ICOE may, at its sole discretion and without notice,
terminate or suspend your service and access to the Product for cause
including, without limitation, breach or assignment of this agreement. If your
service is terminated for cause, your subscription fee will be refunded,
prorated to a date 30 days after the date of termination.
In the event your service is terminated under this
provision, ICOE maintains the right, at its option, to delete your database
from its server within 30 days after the date of the termination.
- Right to Back-Date Subscription Fee:
ICOE retains the right to discontinue the Service, or
withdraw the Product, at its option, within 10 days after the ending date of
the year of service, if the customer does not renew this Agreement and provide
payment of the subscription fee, as it may be defined at the time, to the
satisfaction of ICOE. In the event that customer allows the subscription fee to
lapse beyond the ending date of the year of service, and subsequently renews
service by making full payment of subscription fee, ICOE reserves the right to
back-date payment to the ending date of the prior year of service, in order to
keep successive service years continuous.
ICOE has ownership rights to the Product and all system
code. 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 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. All information provided in the Product or through
the Server is protected by copyright in the United States of America and other
countries.
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, you must notify ICOE.
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.
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.
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.
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.
