ConsumeU Terms of Service Agreement

February 1, 2010

Welcome and thank you for using the ConsumeU.com website.  ConsumeU.com is owned and operated by ConsumeU LLC (“we”, “us”, “ConsumeU”).  By accessing the ConsumeU website (“Site”) and participating in the services (“Services”) offered, you acknowledge and agree to be bound by the Terms of Service (“Terms”) described here.  These terms apply to all users whether you are a “Visitor” (a user browsing the ConsumeU website contents) or a “Member” (a user that that has created a ConsumeU account).   If you do not agree to these Terms, please refrain from accessing the website or using the Services.   ConsumeU does reserve the right to modify these Terms at any time, and we recommend that you review this page periodically for changes to the Terms.

1.       Account Registration and Eligibility

Registration for, and usage of ConsumeU is void where prohibited.  By using the ConsumeU website and Services you represent and affirm that:

a)       You are 14 years of age or older upon registration

b)      All account information provided is accurate and truthful.

c)       You are responsible for and will maintain the accuracy of your account information

d)      Your usage of the ConsumeU website and  Services does not violate any applicable law or regulation

ConsumeU reserves the right to terminate any account without warning if we feel it violates any of the provisions described above.

2.       Privacy

We at ConsumeU take your privacy very seriously.  We have created our Privacy Policy in order to inform you about how your information will be collected and used.  We encourage you to read the Privacy Policy in order for you to make an informed decision on your participation in our website and services.

3.       Term

This Terms of Service agreement, as well as any revisions to this agreement, shall remain in full effect during your usage of the ConsumeU website and services.  You have the right to terminate your Membership at any time, for any reason, by completing the necessary steps.

ConsumeU reserves the right to terminate your account for any reason (including no reason), at any time, with or without explanation or notice and without liability.  ConsumeU reserves the right, in its sole discretion, to refuse to post or remove any posting (including, without limitation, emails, private messages and other forms of communication utilizing the ConsumeU website).  ConsumeU also reserves the right to deny, restrict, suspend, or terminate your access to any part of the ConsumeU website and/or services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

4.       Password

When you created an account at ConsumeU, you are required to provide a password for your account protection.  You are solely responsible for any and all use of your account as well as maintaining the confidentiality of your password.  Along with this, you also agree not to use the your account, username, email address or password of another Member at any time.  You also agree that you will not provide your password to any third party.  If you feel your account has been accessed by an unauthorized user, you agree to notify ConsumeU immediately.

5.       Posted Content

Because the ConsumeU community is made up of users of all ages, we ask that you refrain from posting prohibited content as described in section 6.  ConsumeU LLC assumes no responsibility or liability for material that is posted that violates this agreement.  ConsumeU may refuse or reject any content for any reason if we feel it violates any part of this agreement.  ConsumeU assumes no responsibility for monitoring inappropriate user conduct or content.  You are solely responsible for the content and information that you post as well as all interactions that take place involving your user account.

6.       Prohibited Content & Activity

Please review the list of examples of content or behavior that is prohibited while using the ConsumeU website and services.  ConsumeU reserves the right to take necessary legal action against anyone who violates this provision, at ConsumeU’s discretion, including removing content and terminating membership of such violators and reporting applicable activities to law enforcement authorities. 

Below are examples of behavior or content this is strictly prohibited:

a)       Promotion of Racism

b)      Promotion of Bigotry

c)       Harassment of another individual

d)      Sexual exploitation of another individual

e)       Hatred, violence, or physical harm threats to another individual

f)        Information that poses a privacy or security risk to an individual or company

g)       Nudity, offensive subject matter, excessive violence or links to sites containing any of these

h)      Solicitation of personal information from individuals under the age of 18

i)        Information that is known to be false or misleading

j)        Promotes illegal activities or conduct that is threatening, obscene, abusive, or libelous

k)      Usage of, or claiming another person’s copyrighted work as your own (i.e. – photos, music, links, etc.)

l)        Transmission of unsolicited mass mailing, junk mail, spamming or other communication means not requested by individuals

m)    Information or links that promote criminal activity or information about illegal activity

n)      Solicitation of personal information such as passwords or personal data for commercial or unlawful purposes

o)      Usage of photos of another individual without that person’s consent

p)      Violates the privacy rights, copyrights, trademark rights, publicity rights or contract rights of another individual or company

The examples provided below contain activity that is illegal and strictly prohibited through the ConsumeU website and services.  ConsumeU reserves the rights to take appropriate legal action against anyone who violates this provision.  Actions taken against violators of this provision may include Membership termination and/or reporting such activity to law enforcement authorities. 

Prohibited activity includes but is not limited to the following:

a)       Using the ConsumeU website or services in a manner that is inconsistent with any and all Applicable Law.

b)      Modifying or circumventing, or encouraging another individual to modify or circumvent any security technology that is part of the ConsumeU website or services.

c)       Any automated use of the system such as, but not limited to, using scripts to answer questions, request classmates, pass notes, post blog messages, etc.

d)      Criminal or tortuous activity, including but not limited to, fraud, obscene material, drug dealing, harassment, gambling, child pornography, spamming, stalking, viruses or harmful files, patent infringement, copyright infringement, or stealing of trade secrets.

e)       Using the account, username, or password or another website Member at any time.

f)        Disclosing your password to a third party.

g)       Tracking or monitoring functionality of the ConsumeU website or services including, but not limited to, identifying users, user actions or activities.

h)      Engaging in, or encouraging others to engage in, misleading, incentivized, malicious or fraudulent click-through campaigns.

i)        Advertising to, or solicitation of users to buy or sell any products or services through unauthorized usage of the ConsumeU website or services.  This includes, but is not limited to, transmission of mass messages, spam or junk email.  ConsumeU reserves the right to limit the number of messages users can send at its sole discretion.

j)        Activities that involve the use of viruses, bots, worms or any harmful computer code that interrupts the ConsumeU website or service functionality.  This includes harvesting email addresses or other personal data.

k)      Modifying, copying, downloading, distributing, scraping or transmitting content from the ConsumeU website or service.

l)        Disrupting, interfering with or burdening the ConsumeU website or services.

m)    Relaying third party e-mails without the permission of the third party.

n)      Impersonation of a ConsumeU employee, administrator or moderator, another website user, person or entity.

o)      Displaying unauthorized commercial advertisements throughout the website including, but not limited to, blog comments, messages, profile information.

7.       Protecting Copyrights and Other Intellectual Property

ConsumeU wants to protect the intellectual property of all individuals.  You may not transmit, email, post or upload any material that infringes any trademark, patent, copyright, trade secret or other proprietary right of any entity or individual.  ConsumeU reserves the right to terminate accounts of users who infringe upon these.

8.       Third Party Linked Services

Linked Services created by third party developers may be available through or in conjunction with the ConsumeU website or services.  These services may include mobile or desktop applications as well as website or other services.  These services may utilize your ConsumeU profile information including your contact information, preference information, classmate content and/or activity.  This information will not be shared without your acknowledgement and consent.

These interactions will take place between the user and the third party developer, not ConsumeU.  If you choose to use any of the third party Linked Services, the Linked Services may use your information in accordance with their privacy policy.  These third parties may also use technology or services from other companies or services.  ConsumeU is not responsible for the actions or behaviors of third party linked services.  ConsumeU encourages you to not provide any personal information to any third party Linked Service unless you are confident in the third party.

9.       Member Disputes

You are completely responsible for your interactions while you are participating in the ConsumeU website and services.  ConsumeU reserves the right, but doesn’t have any obligations, to get involved in disputes between users of the ConsumeU website or service.

10.   Disclaimers

ConsumeU is not responsible for any injury, damage or loss caused by Users of the ConsumeU website or services or by any programming or equipment utilized in the Linked Services or ConsumeU Services.  User accounts or Linked Services created through or in conjunction with ConsumeU may contain links to other websites or services.  ConsumeU is not responsible for the content or opinions expressed on these websites or services.  ConsumeU is also not responsible for investigating these sites for accuracy or completeness.  ConsumeU is not accountable for inappropriate content found on sites that link from the ConsumeU website or services.  Inclusion of any linked website , advertisement or service doesn’t not represent an endorsement or approval by ConsumeU.  Accessing third party websites or services should be done at your own understood risk.  ConsumeU assumes no responsibility for any omission, interruption, error, deletion or defect in the transmission of communication through the ConsumeU website or services.  ConsumeU is also not responsible for technical malfunctions of computer software, equipment or failure of support software systems.  ConsumeU is not accountable for any loss caused by internet outages or congestion.  ConsumeU is not responsible for any issues relating to any person’s personal computer related to usage of the ConsumeU website or services.  ConsumeU will not be held responsible for any loss or damage, including, but not limited to, death or personal injury, resulting from usage of the ConsumeU website or services. 

11.   Limitation on Liability

CONSUMEU SHALL IN NO EVENT BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, FINANCIAL LOSS, DAMAGES RESULTING FROM USE OF THE CONSUMEU WEBSITE OR SERVICES, EVEN IF CONSUMEU HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  CONSUMEU’S LIABILITY TO ANY USER OR THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE AMOUNT PAID, BY THE USER OR THIRD PARTY TO CONSUMEU FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

12.   Disputes

EACH OF THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.  EACH PARTY CERTIFIES THAT NO AGENT OR REPRESENTATIVE OF EITHER PARTY HAS REPRESENTED, THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

13.   Indemnity

By using the ConsumeU website and services, you agree to indemnify and hold ConsumeU, it affiliates, partners, subsidiaries, employees, partners or other agents harmless from any loss, claim, liability, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to the result of your use of the ConsumeU website or services in violation of this Agreement or arising from a sbreach of the Agreement.