Terms of Use
Last Updated: December 4, 2025
Welcome to https://edhive.app (our Website), an online marketplace operated by Region 16 Education Service Center located in Amarillo, Texas, d.b.a. EdHive (Region 16 ESC, us or we). Please review the following terms and conditions (Terms of Use) and our other policies that govern your visit to our Website, and your use of our Website, and the related products and services available on or through our Website (the Service(s)). Region 16 ESC reserves the right, at any time, to modify or update our Website, policies and these Terms of Use.
Your Consent and Use of our Website
Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this Agreement). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
We may terminate your right to and deny you access to this Website, or remove any material you may have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Region 16 ESC undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.
Use of this Website is limited to persons over the age of eighteen (18) who are residents of the United States. This Website is not directed to persons under 18 years old. The policy of Region 16 ESC, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 18, including individually identifiable information, as defined by the Childrens Online Privacy Protection Act (COPPA). If you are under 18, you should leave our Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using our Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of our Website, Services and this Agreement. By using our Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Region 16 ESC imposes certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, flooding, spamming, mail bombing or crashing; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Region 16 ESC in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use bots, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to our Website. You may not data mine our Website or in any way cause harm to our Website.
Website Contents and Intellectual Property Rights
Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, Contents) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Region 16 ESC or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and Region 16 ESC reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Region 16 ESC.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website. Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without Region 16 ESCs express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Disclaimer of Warranties and Limitation of Liabilities
ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN AS IS BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT: (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, APPLICATIONS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY APPLICATIONS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF OUR WEBSITE, APPLICATIONS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. BECAUSE OUR WEBSITE IS ONLY A PLATFORM FOR USERS TO ACCESS APPLICATIONS AND TRANSACT SERVICE CONTRACTS, AND REGION 16 ESC IS NOT INVOLVED IN THE ACTUAL SERVICE PROVISION OR CONTRACT AGREEMENTS BETWEEN USERS, WE HAVE NO CONTROL OVER THE QUALITY, LEGALITY, OR PERFORMANCE OF THE SERVICES CONTRACTED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF ONE ORGANIZATION TO PROVIDE SERVICES, OR THE ABILITY OF ANOTHER ORGANIZATION TO PAY FOR SERVICES. WE CANNOT AND DO NOT CONTROL WHETHER ANY PARTY WILL COMPLETE A TRANSACTION. THUS, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE. LIKEWISE, REGION 16 ESC DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. REGION 16 ESC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL REGION 16 ESC OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR SERVICES, OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF REGION 16 ESC FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO REGION 16 ESC FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.
USER OF THIS WEBSITE ARE HEREBY INFORMED THAT REGION 16 ESC IS A TEXAS GOVERNMENTAL ENTITY THAT ENJOYS IMMUNITY FROM LIABILITY IN MANY CIRCUMSTANCES AND FOR MATTERS FOR WHICH IT IS NOT IMMUNE, CERTAIN LIMITATIONS ON MONETARY RECOVERY EXIST. NOTHING CONTAINED IN THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES SHALL BE INTERPRETED TO WAIVE OR IMPAIR ANY SOVEREIGN IMMUNITY OR IMMUNITY FROM LIABILITY THAT MAY BE CLAIMED BY REGION 16 ESC.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE REGION 16 ESC AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, DISTRIBUTORS, VENDORS AND AFFILIATES (COLLECTIVELY, THE RELEASED PARTIES) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE OUR WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of our Website or Services, including, but not limited to, any transactions made or entered into at our Website, any information, content, products, services or promotions herein contained or provided from our Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, Claims), shall be governed by the laws of the State of Texas without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Dallas County, Texas. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES: (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Texas state district court, in and for the County of Randall or, where applicable, the federal District Court having jurisdiction in the County of Randall, State of Texas. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Randall County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING OUR WEBSITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of this Website, you may be able to post content on our Website, including, without limitation, by providing testimonials or reviews, leaving comments, etc. You are solely responsible for the content you publish, display or post on our Website or Services, or transmit or display to other users. However, Region 16 ESC reserves the right to block or remove any communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or other intellectual property rights; (d) in violation of any law, regulation or this Agreement; or (e) offensive or otherwise unacceptable to Region 16 ESC in its sole discretion. Region 16 ESC reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on our Website, in its sole discretion, without notice. If at any time Region 16 ESC chooses, in its sole discretion, to monitor the content, Region 16 ESC nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that Region 16 ESC shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from our Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material may be considered constitutionally protected in certain circumstances.
Any submission of information or copyrightable works of any nature by you to this Website or to Region 16 ESC through the use of this Website shall be deemed to constitute a release by you to the public domain, for use by Region 16 ESC and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Region 16 ESC using this Website or otherwise are not confidential and will become and remain Region 16 ESCs property and may, at its sole discretion, disclosed to the public. By submitting any such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.
Your submission of such information and material shall further constitute an assignment to Region 16 ESC of all worldwide rights, titles and interests and Region 16 ESC in the information and materials without payment of any compensation. By posting content to any public area of our Website, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, Posted Content) at or through our Website, you represent, warrant, and agree that any such Posted Content:
Is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
Is not false, inaccurate, misleading, or fraudulent;
Does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Does not contain personal identifying information of any person other than you;
Does not contain any advertising of any nature whatsoever;
Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, flooding, spamming, mail bombing or crashing our Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and
Shall become and be the property of Region 16 ESC with the full and unrestricted right of Region 16 ESC to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Copyright/ DMCA Notice and Procedure
It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify Region 16 ESCs designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Region 16 ESC may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Region 16 ESCs Privacy Policy does not protect information provided in these notices.
Notification
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:
Executive Director
5800 Bell St, Amarillo, TX 79109-6230
806-677-5000
Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that material is infringing.
Your notification must include the following information:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Region 16 ESC to locate the material.
(D) Information reasonably sufficient to permit Region 16 ESC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note, however, that if you posted any materials on this Website, by submitting, posting or displaying your content on our Website, you grant Region 16 ESC and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.
Only DMCA notices should go to the Region 16 ESC Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of DMCA may be ignored.
Upon receipt of the written notification containing the information as outlined above:
(A) Region 16 ESC shall remove or disable access to the material that is alleged to be infringing.
(B) Region 16 ESC shall use reasonable efforts to forward the written notification to such alleged infringer (User).
(C) Region 16 ESC shall take reasonable steps to notify the User that it has removed or disabled access to the material.
Counter Notification
To be effective, a Counter Notification must be a written communication provided to Region 16 ESCs designated Copyright Agent that includes substantially the following:
(A) A physical or electronic signature of the User.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The Users name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Users address is outside of the United States, for any judicial district in which Region 16 ESC is located, and that the User will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
(A) Region 16 ESC shall promptly provide you with a copy of the counter notification, and inform you that Region 16 ESC will replace the removed material or cease disabling access to it in 10 business days; and
(B) Region 16 ESC shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless Region 16 ESCs designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at our Website.
Account Termination
Region 16 ESC may, in appropriate circumstances, terminate an account holder or user of our Website if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Region 16 ESC’s DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
Termination and Denial of Access
This Agreement is effective unless and until terminated by Region 16 ESC. If, in Region 16 ESCs sole discretion, you fail to comply with any term or provision of this Agreement, Region 16 ESC may terminate your access to or use of this Website. In the event of termination or denial of access by Region 16 ESC, you are no longer authorized to access our Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links
This Website may include links to other Internet sites maintained by third parties (Linked Sites). Region 16 ESC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Region 16 ESC of the Linked Sites. You access Linked Sites at your own risk and by accessing them, you leave this Website. Linked Sites are not under the control of Region 16 ESC and Region 16 ESC is not responsible for any content of any Linked Sites.
Modifications to our Website or Services
Region 16 ESC reserves the right at any time to modify or discontinue, temporarily or permanently, our Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that Region 16 ESC shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website and/or Services.
Your Account Information, Password and Security
In the course of your use of our Website or Services, we may ask you for certain information, including your name, email address, phone number (collectively, Account Information). Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Region 16 ESC be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person’s account at any time, without the express permission of the account holder.
Contract Content and Specifications
All features, content, specifications, services and prices of contracts described or depicted on this Website are subject to change at any time without notice. Because Region 16 does not participate in the descriptions of listing organizations’ services on this Website, Region 16 ESC does not warrant that service contract descriptions or other content of any listed contract is accurate, complete, reliable, current or error-free. If a service contract offered by a listing organization is not as described, your sole remedy is work with the listing organization.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with respect to the sale and delivery of any service agreement from a listing organization through this Website.
Refund Policy
Region 16 ESC is only the operator of this Website, it does not participate in any listed transaction. Consequently, any questions about refunds shall be directed solely to the listing organization of the contract.
Miscellaneous
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Region 16 ESC and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Region 16 ESC and you with respect to use of our Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Complaints or Concerns
If you have any complaints or concerns regarding our Website or Services, please contact us at support@edhive.net or 806-677-5000.