Terms & Conditions of Use

Terms & Conditions of Use

Introduction

Welcome to the EC-GEN The Power of Accomplished Teaching website.  The site is owned and operated by LKM & Associates, Inc. (“LKM”).  Before you enter the LKM site (the “Site”) or use any of the LKM services, you must carefully review the Terms and Conditions set out below (the “Terms”).  In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms.  These Terms may be changed or updated at any time, but you can always find the most recent version here.  In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.  You should periodically check this page to make sure you are up to date.  By using the Site, you accept these Terms, without limitation or qualification.  Please read them carefully.  Your use of the Site indicates that you accept these Terms and that you agree to be bound by them.  Your use of the Site and its services (together, the “Service”) is entirely conditioned on and subject to your compliance with these Terms.  Your submittal of any personal information to the Site also indicates acceptance of these Terms with respect to the use of that personal information.  If you do not agree to these notices and Terms, we advise you not to use the Site.

Privacy Policy

For information regarding privacy, please review the Privacy Policy that also governs your visit to the Site.

Terms of Membership

LKM membership (“Membership”) is available to you if you are at least 18 years of age and submit certain requested information to LKM, including your name and correct email address.  When you become a Member, you must provide LKM with true, accurate, current and complete information about yourself when such information is requested by LKM (whether by questionnaires, surveys, registration forms or other informational requests).

Refunds

A refund may be granted to someone who wishes to terminate membership if requested in writing during the first six (6) weeks of the subscription. Please contact info@ecgen.org to request a refund for your membership subscription. Refunds will not be granted to anyone after a period of six (6) weeks has gone by since the subscription date.

Copyright and Trademark Notices

All editorial content and graphics on the Site are copyrights of LKM and the related logos are trademarks and registered trademarks of LKM.  Other products and company names mentioned herein may be the trademarks or trade names of their respective owners.

As a user of the Site, you warrant that you will not upload to the Site any material that would infringe copyrights, trademarks and other intellectual property and proprietary rights of any person, including, but not limited to, private, medical or other confidential information, or material which is libelous, defamatory, obscene, pornographic, illegal or otherwise objectionable or would give rise to liability or violate any law.  The burden of determining compliance with the foregoing rests with you.

By uploading material on the Site, or sending material to LKM via email with the purpose of having LKM publish it on the Site, you grant LKM a royalty-free, perpetual, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights.  You also permit any other user of the Site the right to view all and make one paper-based copy (where applicable) of the material solely for his or her personal, non-commercial use.

Chat Room

Use of our chat room service is subject to the Terms and these specific additional terms for the chat room (collectively, the “Terms”).  You (sometimes referred to in these Terms as “the User”) agree to abide by the Terms.  Failure to abide by the Terms may lead to your chat room privileges and/or your membership being terminated, and in the case of copyright infringement, legal action.

You must act in a responsible manner with regard to LKM network resources and LKM will remove chat room users found to be abusing these resources, for example, room flooding, etc.  You must not use our chat rooms to promote commercial products or incite illegal or immoral behavior or anything else deemed by LKM to reflect badly on the company.  Only one account per Site is permitted without prior permission in writing from LKM.

Code Integrity & Placement

You must not modify the supplied HTML code in ANY way.  To do so constitutes a serious breach of these Terms.  Furthermore, you must not cover or obscure any part of the chat applet or associated components by means of frames or any other device including hiding of advertisements.  Your chat code must be placed in a public area of your website.  Users found to be using our chat rooms behind a protected area will be subject to immediate Membership termination.

Use Restrictions

The material on the Site is the property of LKM or others.  Nothing contained on the Site shall be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary right of LKM or any third party.  The Site and the content provided on the Site, including, but not limited to, audio, video, html code, buttons, graphic images and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of LKM, except that you may view, download, copy and print one copy of material (where applicable) and graphics on one computer from the Site for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark or other proprietary rights of LKM.  All rights not expressly granted herein are reserved.

This license is not a sale of any of LKM’s rights.  Only you may use the ecgen.org Site, and you may not rent, lend, sublicense or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else.  You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site.  You may not transfer to or store any data residing or exchanged over the ecgen.org Site in any electronic network for use by more than one user unless you obtain prior written permission from LKM.

We do NOT allow sites of the following nature to use our chat room network.  Users found in breach of this condition will have their chat room privileges immediately deactivated.  Types of sites not allowed in our network, at the sole discretion of LKM, include adult sites, hacking and phreaking, hate, racist, immoral or illegal content or related sites.  This extends to the content of banner images and creatives.  LKM reserves the right to cancel any account at any time for any reason and without cause.

Indemnification

LKM is not liable for any claims, representations or warranties made by the User, including but not limited to the Content of their linked sites.  Under no circumstances shall LKM be liable to User for any loss, injury or damage, of whatever kind or nature, resulting from or arising out of the chat program.  The User hereby indemnifies LKM against all claims, damages, costs, expenses (including special, exemplary and punitive damages) and attorneys’ fees related to or incurred by LKM as a result of any Content posted by User.  LKM makes no warranties, either expressed or implied, concerning the performance and functionality of the chat program and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use.  Under no circumstances shall LKM be liable to User for any loss, injury or damage, of whatever kind or nature, resulting from or arising out of any content posted by others, mistakes, loopholes in the anti-fraud system, errors, omissions, delays or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the chat program.

User guarantees that all Content on their site is legal to distribute and that they own or have the legal right to use any and all copyrighted material.

Member Conduct

LKM is committed to ensuring that the Site remains a safe online community.  To that end, the Site allows Members to be creative with their “Content”.  Users of the Site may not use the Site to process “Prohibited Content”.  Generally, “Prohibited Content” includes, but is not limited to, Content or other material that LKM believes:

a.    Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;
b.    Comprises copyrighted material used without the express permission of the owner;
c.    Violates or otherwise encroaches on the rights of others;
d.    Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
e.    Advocates illegal activity;
f.    Harms anyone, including minors; or
g.    Provides a link to any of the above.

LKM has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Site may be subject to examination from time to time.  Although LKM does not and will not examine or otherwise review all Content submitted or transmitted to the Site, LKM may delete, move and edit Content for any reason, at any time, without notice.

All Content (whether private or public) that is processed on the Site is the sole responsibility of the person who submitted it.  Thus, you are responsible for your Content.

By viewing the Site, you may be exposed to Content that you consider to be offensive.  You take sole responsibility for such exposure.

LKM in no way guarantees the accuracy, quality or appropriateness of Content available through the Site.

As part of the Site, LKM may offer Members the right to establish group rooms, shared rooms or other similar capabilities on the Site (collectively “Group Rooms”), at LKM’s option and subject to LKM’s conditions.  If a Group Room involves a Member-specific URL, LKM may revoke the right to use that URL for any reason deemed appropriate by LKM in its sole discretion.  LKM owns and retains all right, title and interest in the use of ecgen.org or other LKM property in association with Group Rooms.

No Resale of Service

Your use of the Service may be for personal purposes only.  You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service; or (ii) use or access the Service for any commercial purpose.

Third-Party Software

As a convenience to Members, LKM may make third-party software available through the Service, including by downloading.  To use such software, you will agree to the terms and conditions imposed by the third-party provider.  The agreement to use such software will be solely between you and the third-party provider.

Copyright

When you use the Service, you become a participant in an online community.  In order for LKM to make your Content available to you and other members of the community, LKM needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms.  Accordingly, as a condition to your Membership, you hereby grant LKM a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for the purpose of providing the Service.  As a condition to Membership, you represent and warrant to LKM that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

The Service is protected by U.S. and international copyright laws and by other applicable laws.  You may not process any content owned by someone else without the written consent of the owner of such content.  You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

Third-Party Links

In an attempt to provide increased value to our Members, the Site may contain links to other websites on the Internet that are owned and operated by third-party vendors and other third parties.  However, even if the third party would be affiliated with LKM, LKM has no control over these linked websites, all of which have separate privacy and data collection practices independent of LKM.  LKM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Site or websites linking to the Site.  The inclusion of any link does not imply affiliation, endorsement or adoption by LKM of the website or any information contained therein.  These linked websites are only for your convenience and therefore, you access them at your own risk.

Disclaimer of Warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  LKM MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME.

THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LKM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  LKM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  LKM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.

Limits on Liability

LKM will not be liable for:

  • The contents of any communication, message or information provided to LKM by you or other third parties.
  • Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure.
  • Any direct, indirect, incidental, special or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use the Site, even if LKM has been advised of the possibility of such damages.  If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.

Limited Warranty

(A)  No Liability for Content.  IN NO EVENT WILL LKM OR LKM AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT; OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

(B)  Disclaimer.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, LKM AND LKM AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  LKM MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS.  LKM MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(C)  No Guarantee of Certification.  USE OF THE CONTENT ON THE SITE IS AN AID TO CERTIFICATION BUT IS NOT A GUARANTEE OF ACHIEVEMENT.  IN NO EVENT WILL LKM OR LKM AFFILIATES BE LIABLE FOR A CANDIDATE’S FAILURE TO ACHIEVE CERTIFICATION REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO INACCURATE, UNCLEAR OR INCOMPLETE INFORMATION.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, LKM WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indemnification

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS LKM, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY “LKM AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

Termination

LKM may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by LKM elsewhere within the Service; (ii) conduct LKM believes is harmful to other LKM users or the business of LKM; or (iii) failure to maintain active participation in the Service.  LKM will not be liable to you or any third party for any termination of your access to the Service.

Law

These Terms shall be governed by the laws of the State of Missouri, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and LKM or its affiliates.

The Site is operated by LKM from the State of Missouri, United States of America.  LKM makes no representation that materials in the Site are appropriate or available for use in other locations.  If you access the Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms shall be governed by internal Missouri and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute involving your use of the Site in the state and federal courts located in Missouri.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

Remedies

Given the nature of these Terms, you understand and agree that, in addition to money damages and attorneys’ fees, LKM will be entitled to equitable relief upon a breach of them by you.

Waiver

No waiver by LKM shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival of Provisions

Each provision of these Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.  These Terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.

Entire Agreement

We intend that these Terms constitute the entire agreement between LKM and you.

Modification of Terms

LKM may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.  Any amendments or modifications made by LKM will be prospective only.

Contact Information

The Site is owned and operated by LKM.  

Email: info@ecgen.org

Reporting Violations

You can report abuse of these Terms to info@ecgen.org.

If you have any questions concerning the Site or its policies, please contact us at info@ecgen.org.