1. About these Terms
www.etsschool.com (''this website'') is operated by ETS Dispatch LLC (''we'', ''us'', ''our''). These Terms constitute an agreement made between the website user (''you'', ''your'') and us. You must not access or use this website unless you accept all of these Terms. By accessing and using this website you confirm your acceptance of these Terms.
2. Changes
We reserve the right to change these Terms from time to time by publishing the changed Terms on this website. You agree to review these Terms periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed your conclusive acceptance of these Terms, as revised. We reserve the right to add, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you).
3. Your privacy
Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms must be read in conjunction with our Privacy Policy.
4. Our intellectual property
The entire content of this website is protected by copyright and other laws, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, 'our intellectual property'). We value our intellectual property and will vigorously enforce those rights to the fullest extent permitted by law.
5. Limited permission to use
You may view, download, or print portions of this website (and you may otherwise use the permitted functionality of this website) solely for your own personal use, provided that you agree not to change or delete any copyright or proprietary notices from such portions. You must not otherwise print or reproduce any part of this website for any reason except with our prior written consent in each instance. By making this website available to you, we do not give you any other right, title, interest, or licence in or to any of our intellectual property.
6. Restrictions
You must not access or use this website other than in accordance with these Terms. In the course of accessing and using this website, you must not:
copy, distribute, resupply, republish, upload, post, transmit, sell, prepare derivative works from, or otherwise deal with our intellectual property except as expressly permitted under these Terms or otherwise with our prior written consent in each instance;
disrupt or interfere with this website, or any other software, hardware or network associated with this website;
use simultaneous, unattended, or continuous connections to this website or otherwise use this website in a manner that adversely affects the availability of its resources to other users;
send unsolicited electronic messages or to otherwise harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or harm to any person;
transmit any files or material of any kind which contain a virus, corrupted data, or other malicious code (whether via this website or in any email that you send to us);
gain, or attempt to gain, unauthorised access to any part of this website (including any other user's account), any other computer system, or any email or other private message not intended for you;
infringe, or attempt to infringe, the intellectual property rights of any person; or violate any laws, rules, or regulations applying to or relating to your access to or use of this website.
7. Account creation and account details
In order to be able to access certain information and functionality offered on this website, you must create an account. To create your account, you must provide all requested account registration details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, and you must keep your account details up-to-date.
8. Your username and password
Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. Your username and password may be used by one person only, i.e. a single login is not permitted to be shared by multiple people. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
9. User content
This website may enable you to create, modify, transmit, upload, or submit images and other materials and information (together, 'user content'). By creating, modifying, transmitting, uploading, or submitting any user content ('your user content'), you:
grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to (i) use, copy, modify, distribute, transmit, broadcast, create derivative works of, publicly display and publicly perform your user content (by all means and in any media now known or hereafter developed); (ii) license, sell, rent, lease, or lend copies of your user content (and derivative works thereof); (iii) sublicense to third parties any or all of the aforementioned rights (including the right to sublicense to further third parties); (iv) use and publish your name and alias in connection with your user content as well as in connection with all advertising, marketing and promotional material that we may publish in relation to your user content; and (v) make your user content available to other users of this website for their personal use (and you permit those users to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your user content in accordance with the permitted functionality of this website and otherwise as permitted by us); and acknowledge and agree that no royalties or other compensation will be paid or payable to you for your user content, or for the granting of the rights described above.
10. Feedback and unsolicited ideas
If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. We (and our employees and agents) do not accept or consider unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions, products, product names, processes, technologies, or materials ('unsolicited ideas'). You must not send unsolicited ideas to us. If you do send us unsolicited ideas:
we do not warrant or represent that those unsolicited ideas will be treated as confidential or proprietary;
such unsolicited ideas will be treated and licensed as if they were 'user content' in accordance with these Terms.
11. Interactions between users
You are solely responsible for your interactions with other users of this website or any of our services. We reserve the right, but have no obligation, to monitor interactions, discussions, or disputes between you and other users.
12. Monitoring and termination
We have no obligation to you to monitor this website or any user content. However, we reserve the right to review any user content and to remove any user content if we receive a complaint about that user content, or otherwise in our sole discretion. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We may (at any time and without notice to you) suspend or terminate your account if you breach any of these Terms, or otherwise for any reason whatsoever.
13. Products
We may offer goods or services ('Products') for sale on this website. Your purchase of each Product shall be governed by these Terms and any additional terms that we communicate to you at the time of purchase.
14. Contract formation
This website and the information on it constitute an invitation to treat and not an offer to supply Products. When you order Products from us, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when we have accepted your order through the website following our receipt of your payment for that order shall a contract be formed between you and us.
15. Order Process You may order
Products from us by completing the relevant form online and providing us with the details of your order. You must provide all required information (including your name and email address). We shall then accept or reject your order through our website following our receipt of your payment for that order.
16. Our discretion in rejecting or accepting orders
No order shall be deemed accepted by us until you have received an order confirmation from us. We reserve the right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
17. Prices
The price payable by you for any Product ordered by you shall be the price quoted on this website at the time your order is submitted. We may vary any prices on this website at any time and without notice to you.
18. Currency
Except where specifically stated in relation to a particular good or services, the prices for the goods or services are stated and payable in United States dollars (USD).
19. Taxes and other charges
All prices on this website are exclusive of all import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order. We shall not be liable for any import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order.
20. Payment
We may charge fees or other amounts to access certain aspects of the Products available on this website. We have no obligation to supply Products unless and until we receive payment of all prices and fees. You are fully liable for all charges incurred under your account whether or not authorised by you. You must pay for your orders using the third-party payments service selected by us, such as Clickbank.com or PayPal. You agree to pay for your orders by authorising our nominated third-party payment service to charge your credit card account for the total price of the goods or services ordered and the applicable delivery charges (if any). You agree to be bound by the terms of these third-party payment services.
21. Problems with payments
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order.
22. Incorrect Information
Where any Product is listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us we will refund the amount paid by you in relation to that order.
23. Ownership and risk
You agree that all Products made available to you through this website are for personal use and cannot be copied, distributed, resupplied, or otherwise deal with except as expressly permitted under these Terms or otherwise with our prior written consent in each instance. Any software made available through this website (through purchase or otherwise) is licensed not sold.
24. Availability of website
Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.
25. Errors
While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.
26. Requested data disclaimer
The information or data that you acquire or specifically request using the tools or services of this website ('Requested Data') may be licensed to us from third parties (each a 'Data Provider'). We do not in any way represent or warrant the accuracy, completeness, timeliness or good title to any Requested Data sub-licensed to you. Your access to and use of Requested Data is conditional on your acceptance and acknowledgement of the terms of this clause ('Requested Data Disclaimer'). We do not undertake any evaluation, further inquiries, or investigations into or in respect of the source of the data. You agree that you will direct or bring any queries, claims, or disputes concerning the Requested Data to the attention of, or against, the relevant Data Provider. The Requested Data is provided to you by us on an 'as is' basis. We do not give any warranty or other assurance as to the Requested Data or any other content or material appearing on or accessed through this website, including its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum and fullest extent permissible at law we disclaim all responsibility for any damages or losses including, without limitation, financial loss, damages, loss in business projects, loss of profits or indirect or consequential losses arising in contract, tort (including negligence) or otherwise from our provision of the Requested Data or any other content or your use of, or inability to use the Requested Data, or any material appearing on or accessed through this website, or from any action or decision taken as a result of using the Requested Data, or any such material, information, or data. We may terminate our supply of the Requested Data to you at any time for any reason.
27. Licence to use Requested Data
You are permitted to use any Requested Data that is provided to you through this website for your internal business purposes only. Any other use of the Requested Data or any other materials in which any Data Provider has intellectual property rights in will be a violation or infringement of those rights. As a licensee of in respect of the Requested Data we reserve our rights to enforce any infringement of those intellectual property rights and you agree that each Data Provider shall also have the right to bring actions, claims, or other legal proceedings against you with respect of your misuse or infringement of its intellectual property rights.
28. Consumer Guarantees Act
Nothing in these Terms is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services for the purposes of a business you agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply.
29. Limitation of liability
To the maximum extent permitted by law, we will not be liable in contract, tort (including negligence), or otherwise for any loss of profits, loss of data, or for any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with: (i) your use of, or inability to use, this website, or any material appearing on this website; or (ii) any action or decision taken as a result of using this website, or any material appearing on this website even if we have been advised of the possibility of such damages. In no event shall our total liability to you in contract, tort (including negligence), or under any other cause of action for all damages, losses, costs and expenses suffered by you exceed the amount paid by you (if any) to us in the month immediately preceding the most recent event that gave rise to your claim.
30. Electronic communications
You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
31. Other terms
If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect. Any cause of action or claim you may have against us or otherwise with respect to this website must be commenced within one (1) year after the claim or cause of action arises otherwise such claim or cause of action shall be barred. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any such provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. We may assign our rights and obligations under these Terms to any party at any time without notice to you.