eProgramming101 uses this service to register you for and to sign you into your eProgramming101 account. To use eProgramming101 hereafter "eP101" service, you must agree to the "Terms of Use" and the "Privacy Statement". The eP101 "Terms of Use" appear immediately below.

ePROGRAMMING101 WEB SITE
TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND ePROGRAMMING101 HEREAFTER "eP101".

            The eP101 Web Site is comprised of various Web pages operated by eP101. The eP101 Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the eP101 Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular eP101 Web Page included within the eP101 Web Site will also be subject to the same terms outlined herein. For the terms and conditions that govern the eP101 web pages and/or services, please see below. Additionally, the eP101 Web Site may itself contain additional terms, codes of conduct or guidelines that govern use of those pages, including without limitation, particular features or offers (for example business offers and advertisements). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular eP101 Web Page, then these terms shall apply.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

            The eP101 Site/Service requires you to open an account; you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify eP101 immediately of any unauthorized use of your account or any other breach of security. eP101 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by eP101 or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

            eP101 reserves the right to change the terms, conditions, and notices under which the eP101 Site/Services are offered, including but not limited to the charges associated with the use of the eP101 Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on eP101 website. Your continued use of the eP101 Site/Services constitutes your agreement to all such terms, conditions, and notices.

YOUR FINANCIAL RESPONSIBILITY

            eP101 uses this service to register you for our products, eCourses, virtual school & business opportunities at the recurring monthly fee specified. To use eProgramming101 (eP101) products, eCourses, virtual school & business opportunities, you must agree to the "Terms of Use" and the "Privacy Statement". The recurring specified fee is due on the first of each month and is to be automatically charged to a valid credit/debit card. Each month your account will be debited accordingly. A late payment penalty of $20.00 will apply for any payment received after the due date. Accounts without a payment method on file namely a valid credit/debit card are usually suspended after ten days from the due date for non payment. Should there be insufficient funds, you are responsible for all fees incurred as a result of non payment including but not limited to penalty fees for "returned checks" or "declined credit/debit cards" transactions and suspension re-activation fees. eProgramming101 (eP101) in conjunction with all third party Providers/Partners reserve the right to suspend or terminate your service for non payment or for any reason deemed necessary.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

            Unless otherwise specified, the eP101 Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the eP101 Site/Services.

LINKS TO THIRD PARTY SITES

            The eP101 Site/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of eP101 and eP101 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. eP101 is not responsible for webcasting or any other form of transmission received from any Linked Site nor is eP101 responsible if the Linked Site is not working appropriately. eP101 is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by eP101 of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the eP101 Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. eP101 shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

            As a condition of your use of the eP101 Site/Services, you will not use the eP101 Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the eP101 Site/Services in any manner which could damage, disable, overburden, or impair the eP101 Site/Service(s) (or the network(s) connected to any eP101 Site/Service(s)) or interfere with any other party's use and enjoyment of any of the eP101 Site/Service(s). You may not attempt to gain unauthorized access to any of the eP101 Site/Services, other accounts, computer systems or networks connected to any of the eP101 Site/Services, through hacking, password mining or any other illegal means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the eP101 Sites/Services.

USE OF SERVICES

            The eP101 Site/Services will contain various products and services including and not limited to eProducts and eServices. You agree to use eP101 only in the manner prescribed and stated for each product/eProduct and service/eService. You agree to complete all registration requirements including all registration fees as stated. You agree to make all other payments including and not limited to subscriptions, memberships and product/eProduct and service/eService fees as required on time. As an affiliate, student, client or customer, you agree to all of the terms (expressed and implied), conditions and notices herein and to the following commission structure. You agree to receive your commission only on successful registrations of your recruits, referrals and students. By way of example, and not as a limitation, you agree that when using eP101 Site/Services, you will not: Use the Contact Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain music software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of music software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the eP101 Site/Services. Violate any code of conduct or other guidelines which may be applicable. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading eP101. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an eP101 Site/Service(s) or other user or usage information or any portion thereof. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE eP101 SITE/SERVICES

            All content and software that is made available to view and/or download in connection with the eP101 Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of eP101 and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, eP101 hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular eP101 Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

            The information, software, products, and services included in or available through THE eP101 SITE/SERVICES may include inaccuracies or typographical errors. Changes are periodically made to eP101 SITE/SERVICES and to the information herein. eP101 and/or its respective affiliates may make improvements and/or changes in the eP101 SITES/SERVICES at any time. eP101 and/or its respective affiliates make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the eP101 SITE/SERVICES for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind but may be subject to copyright laws of their respective owners. Graphics and Pictures may not be downloaded or copied without the appropriate permission (ALL RIGHTS RESERVED). eP101 and/or its respective affiliates hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that eP101 shall not be responsible for unauthorized access to or alteration to your account, or any transactions entered into through an eP101 SITE/SERVICE. You specifically agree that eP101 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that eP101 is not responsible for any content sent using and/or included in an eP101 SITE/SERVICE by any third party. In no event shall eP101 and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the eP101 SITE/SERVICES, with the delay or inability to use the eP101 SITE/SERVICES OR RELATED SERVICES, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the eP101 SITE/SERVICES, or otherwise arising out of the use of the eP101 SITE/SERVICES, whether based on contract, tort, negligence, strict liability or otherwise, even if eP101 or any of its affiliates has been advised of the possibility of damages. Because some STATES/JURISDICTIONS do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of THE eP101 SITE/SERVICES, or with any of these "Terms of Use", your sole and exclusive remedy is to discontinue using the eP101 SITE/SERVICES. eP101 MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SERVICE CONTACT: webteam@e-programming101.com

TERMINATION/ACCESS RESTRICTION

            eP101 reserves the right, in its sole discretion, to terminate your access to any or all eP101 Site/Services and the related services or any portion thereof at any time, without notice. eP101 may also terminate or suspend your access to eP101 Site/Service(s) for: (a) inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by eP101;
(b) non payment for services provided such as membership dues, eCourses, advertising services, online education etc;
(c) Misuse/Misrepresentation of any our eProducts/eServices. The amount of time that eP101 currently considers as an "extended" period of time may be more than 30 days. Upon termination of the eP101 Site/Service, your right to use the eP101 Site/Service immediately ceases. You will have to register again wherein the registration fee (if any) will be applicable or bring your account to good status by satisfying all outstanding balances.

LANGUAGE

            It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

GENERAL

            This agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the eP101 Site/Services. Use of the eP101 Site/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and eP101 as a result of this agreement or use of the eP101 Site/Services. You agree to indemnify and hold eP101, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the eP101 Site/Services. eP101 reserves the right to disclose any personal information about you or your use of the eP101 Site/Services, including its contents, without your prior permission if eP101 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of eP101 or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. eP101 performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of eP101's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the eP101 Site/Services or information provided to or gathered by eP101 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and eP101 with respect to the eP101 Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eP101 with respect to the eP101 Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use eP101 in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access eP101.

Rev. November 2008

How can I print the User Agreement and Privacy Statement?

The User Agreement can be printed by clicking on the following link: useragreement.pdf and the Privacy Statement can be printed by clicking on the following link privacystatement.pdf.

© 2008 eProgramming101