Terms of Use


Last Updated June 4, 2016

WELCOME TO THE WEBSITE OPERATED BY DISTANT TEACHING AND MOBILE LEARNING, CORP. (“DTML”).

BY USING OR VISITING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO

- THE TERMS AND CONDITIONS EXPRESSED ON THIS WEBPAGE;
- ALL OTHER TERMS REFERENCED HEREIN.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THIS WEBSITE.

If you are using the Site on behalf of any entity, you represent that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and DTML for violations of these Terms.

DTML may, at its sole discretion, modify or revise these Site Terms and policies at any time, and you agree to be bound by such modifications. Any modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Therefore, you should periodically review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.If you have a question regarding the use of the Site, please direct questions or comments about the Site or its contents to contact@dtml.org.

GENERAL TERMS

Applicable Law and Venue. These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Termination. Notwithstanding any of these Site Terms, DTML.org reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.Severability.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DTML.ORG, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DTML, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DTML'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DTML, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DTML.ORG FOR ACCESS TO OR USE OF THE SITE.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, the Site is not intended for children under 13. If you are under 13 years of age, then please do not access or use the Site.

NEITHER USER, ANY USERS OF ITS ACCOUNT NOR ANY OTHER USER OF THIS SITE SHALL MODIFY OR TAMPER IN ANY WAY WITH THE SITE, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE, DATA, OR FUNCTIONALITY THEREOF NOR USE ANY AUTOMATED PROCEDURE OR ANY OTHER MEANS TO GATHER DATA FROM THIS SITE FOR ANY REASON OTHER THAN THE AUTHORIZED USE OF THE SITE.

Content of the website

DTML assumes no responsibility regarding the accuracy of the Content provided by DTML and use of such content is at your own risk. DTML provides no assurances that any reported problems may be resolved with the use of any Content that this site provides.

ALL CONTENT ON THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DTML DOES NOT WARRANT THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR THAT THIS SITE OR THE SERVER FROM WHICH THIS SITE IS OPERATED OR MAINTAINED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL RESPONSIBILITY OR LIABILTY FOR ANY DAMAGES CAUSED BY ANY SUCH VIRUSES OR HARMFUL COMPONENTS IS HEREBY DISCLAIMED. USER WAIVES ANY AND ALL CLAIMS AGAINST DTML AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF USER'S ACCESS TO AND USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL DTML OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR INABILITY TO ACCESS, OR ANY DELAY OR INTERRUPTION IN ACCESSING, THE SITE OR THE USE OF SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DTML AND USER. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM DTML THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Links to Third Party Sites

THE LINKS THIS SITE LET YOU LEAVE DTML SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DTML AND DTML IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DTML IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DTML IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE.

Monitoring and recording

DTML explicitly reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. However, DTML is not obligated to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Sites. DTML will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. DTML reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Content, or any other element of the Sites or the Services, without notice or permission from you.

Privacy

Your use of the Sites and/or the Services may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by our Privacy Policy, which is hereby incorporated by reference in its entirety

Governing Law and Jurisdiction

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Washington, United States of America, without regard to the conflict of laws principles thereof. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or the Sites shall be filed only in a state or federal court in Redmond, Washington, USA, and You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the DTML Sites, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Security

The Sites have security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Sites cannot be guaranteed by DTML. DTML shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the Sites. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. One of security measures we employ is volunteer background check. This is one of many ways we ensure safety of our on-line platform for children. We partner with VICTIG, a Nationwide Leader in Background Screening Solutions to conduct volunteer background checks. Please note, there is $10 cost for the screening charged directly to security screening company. This fee is not refundable and outside of DTMLcontrol.

Registration

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DTML, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DTML.

Indemnity

You agree to defend, indemnify and hold harmless DTML, its officers, owners, directors, employees and agents, 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 Sites; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Sites