By using any of the services (each individually, and collectively, the “Service”) contained or included in OTIS for educators, teq.com, otis.teq.com, and/or teq.com/pd-platforms/otis web sites, you are agreeing to be bound by the following terms and conditions (“Terms of Service”) of Teq, Inc. and its affiliates (each individually, and collectively, “Teq”).
Teq reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://otis.teq.com/about/terms.
Violation of any of the terms below will result in the termination of your account. You understand and agree that Teq cannot and will not be responsible for any materials, data or other content (collectively, “Content”) posted on the Service. You agree to use the Service at your own risk. Questions about the Terms of Service should be sent to firstname.lastname@example.org
The Terms of Service is the entire and exclusive agreement between Teq and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between Teq and you regarding the Service.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may request separate logins for as many people as you’d like under your subscription tier.
- You are responsible for maintaining the security of your account and password. Teq cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- When an account subscription is activated, you will be billed that day for your annual subscription.
- Individuals: Payment must be made via credit card at the time of purchase. When you sign up for an account subscription, you will be billed that day for your annual subscription and your credit card will be charged that day.
- Schools and other organizations: Forms of payment include checks, ACH and credit cards. For credit card payments, your card will be charged that day. For ACH and check payments, terms are Net30. Checks should be made payable to “Teq, Inc.” ACH payments will require an authorization form.
- Thereafter, the Service is billed in advance on an annual basis and the annual fee is non-refundable after 30 days of the beginning of each annual subscription.
- Subject to Section 4 immediately above and Section 6 immediately below, there will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- If you sign up for an account subscription and your school subsequently subscribes to the Service for you, you can receive a pro-rated refund for the remaining months on your account subscription via a check.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such amounts.
- Trial accounts are automatically deactivated after seven (7) days. All user information associated with a trial account will remain on OTIS for educators for thirty (30) days after the trial expires. At that time, individual accounts may be removed without notice if they are not converted to a subscription.
Cancellation and Termination
- Accounts can be deactivated from your profile page. An email or phone request to cancel your account is not considered cancellation.
- Your Content will be preserved, but will not be accessible when a subscription is inactive or cancelled. Teq reserves the right to delete all of your Content and account information if your subscription is not reactivated within 60 days of the effective date of cancellation.
- If you cancel the Service before the end of your current paid year, your cancellation will take effect at the end of such paid year.
- Teq, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future access for any reason at any time. Such termination of the Service will result in the deactivation and/or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Teq reserves the right to refuse Service to anyone for any reason at any time.
Modifications to the Service and Prices
- Teq reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices for the Service, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to teq.com. The change in the price for Service will be effective as of the next annual renewal date.
- Teq shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All Content which you upload or submit must comply with U.S. copyright law.
- All Content uploaded remain yours.
- Teq in its sole discretion has the right to refuse or remove any Content that is available via the Service.
- The look and feel of the Service, and all professional development content, is copyright© of Teq, All Rights Reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express prior written permission from Teq.
- With respect to the upload of any Content by you, you acknowledge and agree as follows:
a) the transmission of your Content is initiated solely at your direction;
b) the transmission, routing, provision of connections, and/or storage of Content is carried out through an automatic technical process without selection of the Content by Teq;
c) Teq does not select the recipients of your Content except as an automatic response to a person as directed by you;
d) no copy of your Content made by Teq in the course of Teq’s intermediate or transient storage is maintained on our system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and
e) Your Content will be transmitted through Teq’s system or network without Teq modifying such Content.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- Teq uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and you agree that Teq shall have no liability for any actions taken by any third-party vendor or hosting Parties.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Teq, or any other Teq service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Teq.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Teq customer, employee, member, or officer will result in immediate account termination.
- The technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Teq customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of Basecamp for other customers.
- YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TEQ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TEQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR VIA A HYPERLINK SERVICE OR BANNER OR OTHER ADVERTISING, AND TEQ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- IN NO EVENT SHALL TEQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TEQ SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Teq and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any Content transmitted or received by you; (ii) your violation of any provision of the Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any Content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.