CommuniTeach Terms of Use

Welcome to CommuniTeach (“we”, “us”, “our” or “CommuniTeach”). CommuniTeach is a collaborative online community that helps community members teach and learn from one another (referred to hereafter as “the Service”). By using the CommuniTeach website (the “Website”), you agree to be bound by these Terms of Use (the “Terms”), whether or not you register as a member of the Website or use the Service. Please read the Terms carefully and in full. By using or accessing the Website or Service, you accept and agree to these Terms in full. In addition, when using the Service, you agree to abide by any applicable posted guidelines for the Service, which may change from time to time. If you object to anything in these Terms, any guidelines, the CommuniTeach Privacy Policy or any subsequent modifications thereto, do not use the Website or the Service or if you become dissatisfied with our Website or Service in any way, your only recourse is to immediately discontinue use of the Website and Service. We reserve the right to change and update the Terms at any time at our sole discretion, effective upon posting on the Website, and your use of the Website or Service after such posting will constitute acceptance by you of such changes. We suggest that you consult these Terms regularly for updates. We further reserve the right to deny or restrict access to the Website or to change, suspend or discontinue any aspect of the Service at any time, including the availability of any service feature, database or content, without notice or liability. Unless explicitly stated otherwise, any new features that augment or enhance the current Website or Service shall be subject to these Terms. Failure to comply with these Terms may result in immediate removal from our Website, with or without notification.

1. User Responsibility.
1.1 Our Website is merely a venue for users to locate and connect with each other for teaching and learning. We do not endorse any persons who use or register on our Website nor any opinions expressed by any users. We do not investigate any user's reputation, conduct, morality, criminal background, nor verify the information such user may submit to the Website. We do not confirm or verify if a user claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the instruction or advice being requested. We are not involved in the dealing and/or contact between users or in any user’s delivery, or receipt, of any teachings, instruction, materials, information or service. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Website. We also have no control over and do not guarantee the quality, safety or legality of any information posted or offered by any users on the Website nor the qualifications, background or abilities of the users. Furthermore, due to the difficulty in verifying the identity of users on the Internet, we cannot and do not confirm each user's purported identity. You are solely responsible for determining the identity and suitability of other users with whom you may connect with through this Website or Service.

1.2 Despite the prohibitions against posting inaccurate or inappropriate information, information provided by other users of the Website may contain inaccurate, inappropriate, offensive or sexually explicit material and our Website assumes no responsibility or liability for this material. We do not have any obligation to monitor the Website or the Service for inappropriate content or conduct. If at any time, we choose, in our sole discretion, to monitor the Service or Website, we nonetheless assume no responsibility for the content posted by users on the website, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting any such inappropriate content. If you become aware of any misuse of the Website or Services by any person, please immediately contact us.

1.3 Through our Website, we provide tools that enable users to, if they wish, arrange in-person meetings (referred to as “LearnIts”) in both groups and as individuals, at venues that include, but are not limited to, public areas (such as parks and streets), public buildings (such as universities and conference rooms), private establishments (such as coffee shops and restaurants), and private homes. We do not supervise these LearnIts and are not involved in any way with the actions of any individuals at these LearnIts. As a result, we have no control over the identity or actions of the individuals who are present at these LearnIts, and we request that our users exercise caution and good judgment when attending these LearnIts.

1.4 You are solely responsible for your interactions with other users of our Website. We will not be responsible for any damage or harm resulting from your interactions with other users of our Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Website and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Website may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

1.5 If you meet anyone at a LearnIt whom you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us at ct [AT] communiteach.com, provided that your report shall not obligate us to take any action or cause us to incur any liability.

1.6 Our Website may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Website. COMMUNITEACH AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

1.7        Our Website may include areas for reviews, feedback or comments (together, “Feedback”) about a user and/or the services offered by a user on our Website. The purpose of such Feedback section(s) on our Website is to encourage open and honest communication between the users and should not be abused. You should use caution and good judgment when leaving feedback or comments for another user. You are not permitted to:

(a)   include links, profanity or other inappropriate or unrelated content within the Feedback section(s);

(b)   post any defamatory, derogatory or offensive comments of another user or of anyone else; or

(c)   use the Feedback section (s) to extort services, payment or otherwise from another user.

Any abuse by you of the Feedback section(s) can result in your immediate removal from our Website, with or without notification.

2. Eligibility. You must be 18 years old or over to register as a member of or use this Website or Service. Membership in the Service is void where prohibited. By using and/or viewing this Website, you represent and warrant that you have the right, authority, and capacity to abide by all of these Terms, that you are at least 18 years old, and that you are not prohibited by law from using the Website or Service.

3. Conduct; Content Restrictions; Links.
3.1 In your use of our Website and Service, you must act responsibly and exercise good judgment. By way of example and not limitation, you agree you will:

(a) provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness;

(b) be solely responsible for any and all use of your account;

(c) be solely responsible for all of your information that you upload, post, email, transmit or otherwise make available via our Website or Service and for your interactions with other users;

(d) be solely responsible for any damage to your computer system or any loss of data that may result from the download of information, materials or data from our Website;

(e) maintain the confidentiality of your password and notify us immediately of any unauthorized use of that password. You are responsible for any losses or damages as a result of that password;

(f) share all personal information at your own risk;

(g) use our Website and Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws;

(h) not create multiple accounts, or create accounts for those other than yourself and not to use the account, username or password of another user at any time;

(i) not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

(j) not bully, intimidate, harass, stalk, or otherwise harm any other user in any way;

(k) not use our Website or Service to collect, use, post or distribute information about any other person or entity, including without limitation, information about other users without their explicit prior consent;

(l) not use information obtained through our Website or Service for any unauthorized purpose;

(m) not infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

(n) not interfere with or damage our Website or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(o) not use our Website or Service in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Service);

(p) not engage in any criminal or tortuous activity through the Website or Service;

(q) not contact anyone who has asked not to be contacted;

(r) not use our Website or Service for any commercial purpose whatsoever; or

(s) not assist any third party in doing any of the foregoing.

3.2 You are solely responsible for any content that you submit, post or transmit via our Website or Service. You may not post or submit any content that:

(a) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(b) contains nudity, sexually explicit content, drug use, violence or other offensive subject matter;

(d) solicits personal information from anyone under 18 years old or exploits images or the likeness of individuals under 18 years old;

(e) makes use of offensive language or images;

(f) includes a photograph of another person that you have posted without that person’s consent;

(g) promotes an illegal or unauthorized copy of another person’s copyrighted work;

(h) promotes any criminal activity or enterprise or provides instructional information about illegal activities;

(i) involves commercial activities and/or sales without our prior written consent such a contests, sweepstakes, barter, advertising or pyramid schemes or provides a link to any commercial websites (including without limitation, a link to an adult website); or

(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

3.3 We have no obligation to post any content from you or anyone else. In addition, we may remove or delete any content that you post or submit for any reason, including without limitation, if we determine that your content, in our sole judgment, violates these Terms or is offensive, illegal or violate the rights, harm or threaten the safety of any person.

3.4 Our Website may, from time to time, contain links to other third party websites or resources or third party advertisements and your access and use of those third party websites, resources, products or services will be governed by the terms and policies imposed by such third parties. You acknowledge and agree that CommuniTeach is not responsible or liable for: (i) the availability or accuracy of such third party websites, resources or advertisements; or (ii) the content, advertising, services or products on or available from such third party websites or resources. The inclusion of any link on our Website does not imply that we endorse the linked site. Furthermore, the inclusion of any third party advertisements on our Website does not imply that we endorse such third party or its products, services, offers, opinions or claims. You use the links, any third party’s websites, resources, products and services at your own risk.

4. Privacy. Your privacy is very important to us and we understand concerns you might have about your personal information online. However, our Website is designed to enable users to post personal information about themselves for review from other users and in providing such personal information, you waive any privacy expectations you have with respect to use of such likeness or personal information. If you do not wish to have your personal information viewed by or disclosed to others, do not use our Service. We may collect certain other personal information from you that we do not post on our Website, such as the domain name and e-mail address (where possible) of visitors to our Web page, and aggregate information on what web pages our users access or visit. We may use this collected information for internal review, to improve the content of our Website and Service, to customize the content and/or layout of our webpage for each individual user, and to notify users about updates to our Website. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order, subpoena, governmental investigation request or as otherwise required or permitted by law. In addition, we may provide this personal information to third-party service providers who help us maintain our Website or Service and deliver information and services to you and other users of our Service.

5.         Proprietary Rights.
5.1       You acknowledge that CommuniTeach owns all right, title and interest in and to the Service, including all intellectual property rights (the "CommuniTeach Rights"). CommuniTeach Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, CommuniTeach Rights do not include Your Content (as defined below) or other third-party content used as part of the Service.
5.2       We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Your Content”) that you post to our Website. After posting Your Content to our Website, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your Content in any way you choose. By displaying, posting or publishing Your Content on or through our Website or Service, you hereby grant to us a limited, non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) and transferable license to use, modify, publicly-perform, publicly display, reproduce, edit, aggregate, translate, reformat, prepare derivative works based upon, distribute, promote and otherwise exploit Your Content, in whole or in part, in any form, in all media now known or hereinafter created and for any purpose. Furthermore, by posting Your Content to any public area of the Website, you automatically grant us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of Your Content on our Website by any party for any purpose. Except for Your Content, we reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in CommuniTeach and all related items. Except for your Content, you may not, without our express prior written consent, copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other content appearing on or through our Website or Service.

5.3    The name “CommuniTeach” and other CommuniTeach graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of CommuniTeach in the U.S. and/or other countries. CommuniTeach's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

6.         No Fees
6.1       Access to our Website and use of our Service is currently free, but we reserve the right to charge fees for access to our Website, Service or any existing or new features on our Website or Service in the future at our sole discretion. We will notify you of any changes to our payment policy or new services. We may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish and notify you of the fees for that service at the launch of the service. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any costs you incur as a result of your involvement with the Website or Service.

6.2       Since the main purpose of our Website is to help community members teach and learn from one another for free, you are not permitted to charge or to require payment of any kind from CommuniTeach or any other users on our Website in exchange for services you offer or provide through our Website or Service, including without limitation, for teaching, learning or organizing a LearnIt. You may, however, at your sole discretion accept or receive financial compensation voluntarily offered by another user of our Website for the services you may provide through our Website. In no event shall CommuniTeach be liable to you or anyone else if a user fails to pay for your services provided, whether or not such user had previously promised or offered to make any such payment. If you choose to provide your services in reliance of any financial compensation offered by another user of the Website, you do so at your own risk. You are solely responsible for any costs you may incur in organizing or participating in a LearnIt. If you incur costs for purchasing supplies for a LearnIt, you may suggest funds from other users of the Website to recoup costs of purchasing the supplies for a specific LearnIt, but you may not request any additional financial compensation and we will not be in any way responsible for any users’ refusal or agreement to share in any of your costs. Any attempts to receive additional financial compensation for your participation in our Website can result in immediate removal from our Website, with or without notification. Users must use their best judgment in deciding to agree to charge or request payment for costs associated with the LearnIt supplies. All money exchanges must be agreed upon by the appropriate parties.

7.         Termination
7.1       These Terms shall remain in full force and effect while you use our Website or Service. You agree that CommuniTeach, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website or Service (or any part thereof), immediately and without notice, and remove and discard any of Your Content within the Website or Service, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that CommuniTeach will not be liable to you or any third-party for any termination of your access to the Website or Service. Further, you agree not to attempt to use the Website or Service after such termination.

7.2 Sections 1, 3.4, 4, 5, 6.2, 7 through 15 shall survive termination of these Terms.

8. Representations and Warranties; Disclaimer of Warranties
8.1 You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Website and Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

8.2       You agree that if the laws of your country prohibit you from using the Website or Service, whether in whole or in part, you will refrain from doing so. If you decide to use the Website or Service, you further warrant to us that you will not violate, or cause us to violate, the laws of your country by such use.

8.2       IF YOU USE OUR WEBSITE OR SERVICE, YOU DO SO AT YOUR SOLE RISK. OUR WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) OUR WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR WEBSITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.         Limits on Liability
9.1       IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR WEBSITE OR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR LEARNITS ENTERED INTO THROUGH OR FROM OUR WEBSITE OR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS OR SERVICE INTERRUPTIONS, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY THIRD PARTY; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR PARTICIPATIONS IN LEARNITS WITH OTHER USERS OF OUR WEBSITE, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR WEBSITE, SERVICE OR THESE TERMS.

9.2       WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR WEBSITE OR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).

9.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU. IN SUCH CASES, COMMUNITEACH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9.5 You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of material or data from the Website.

10.    Release. Because our Site is merely a venue, you agree that you bear all risk in using our Website or Service and to release us (and our owners, members, officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of our Website or Service, your disputes with any other users, our resolution of any disputes among users, and/or your attendance at, or the actions of you or other persons at, any LearnIts. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Illinois and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

11.       Indemnity. You agree to defend, indemnify and hold harmless CommuniTeach (and each of our owners, members, officers, directors, members, officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Website or Service or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

12.    Copyright Infringement. CommuniTeach respects the intellectual property of others. It is our policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users who are repeat infringers. To provide CommuniTeach a notice of an infringement, you must provide a written communication to the attention of "CommuniTeach - DMCA Infringement Notification Dept." at abuse [AT] communiteach.com that sets forth the information specified by the DMCA, specifically including the following:

(a)        The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b)        Identification of the copyrighted work claimed to have been infringed;

(c)        A description of where the material in question is located on the Website;

(d)        Your mailing address, telephone number, and email address ;

(e)        A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)         A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse [AT] communiteach.com that sets forth all of the necessary information required by the DMCA, specifically including the following:

(a)         A physical or electronic signature of the alleged infringer;

(b)        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 to it was disabled;

(c)        A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(d)        The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which CommuniTeach may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

13.       Governing Law; Jurisdiction; Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles. By using this Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of our Website or Service is the appropriate United States District Court for the Central District of Illinois, or if such court lacks subject matter jurisdiction, the Circuit Court of Sangamon County, Illinois. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum. Notwithstanding the foregoing sentence, (but without limiting CommuniTeach's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to these Terms shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

14.       Miscellaneous. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. You may not assign or delegate any rights or obligations under these Terms and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, CommuniTeach for any third party that assumes our rights and obligations under these Terms. These Terms does not confer any third party beneficiary rights.

15. Contact. If you have any questions about these Terms, please email us at ct [AT] communiteach.com.