1) Acceptance of Terms
Welcome to Global Education Network (GEN). GEN provides various Content, materials and services for your educational and informational purposes, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. As used herein, Content includes, but is not limited to, information, data, text, software, music, sound, photographs, graphics, video, animation, messages or other materials, whether publicly posted or privately transmitted. Your access to and use of our site, including enrollment and/or access to GEN Courses, signifies your agreement to all terms, conditions and notices contained or referenced herein.

2) Modification to Service
GEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, GEN's services and Content offerings (or any part thereof) with or without notice. You agree that GEN shall not be liable to you or to any third party for any modification, suspension or discontinuance of GEN's services and Content offerings.

3) Registration Obligations
In consideration of your use of GEN's services and Content offerings, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or GEN has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GEN has the right to suspend or terminate your account and refuse any and all current and future use of this site (or any portion thereof).

4) Reference to Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

5) Confidentiality of Password
You will receive a password and account designation upon completing the site's registration and/or enrollment process. You are responsible for maintaining the confidentiality of the password and account. You agree to (a) immediately notify GEN 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 session. GEN can not and will not be liable for any loss or damage arising from your failure to comply with this Section (5).

6) User Conduct
You agree to access and use GEN only for lawful purposes. By accessing or using GEN you agree that you will not: (a) upload, post, e-mail, submit or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a GEN official or teaching assistant, or a GEN-affiliated educator, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) disrupt the normal flow of communication in any GEN interactive or collaborative areas or services; (e) upload, post, e-mail, submit, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, including, but not limited to, inside information (proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail, submit, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (g) upload, post, e-mail, submit, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation to other users, including, but not limited to, "junk mail," "spam," "chain letters," or "pyramid schemes"; (h) upload, post, e-mail, submit, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs that may alter, damage, interrupt, destroy, limit, record, or intercept the functionality of GEN or the hardware, software, telecommunications equipment, programs, or Content of any other person or entity, whether or not such other person, entity, or organization uses GEN; (i) interfere with or disrupt GEN or servers or networks connected to GEN or facilitating the functionality of GEN, or disobey any requirements, procedures, policies, or regulations of networks connected to GEN; (j) use GEN to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any applicable local, state, national, or international law; (k) collect or store personal data about other users.

By accessing or using GEN you further acknowledge that GEN and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, remove, or delete any Content that you upload, post, e-mail, submit, or otherwise transmit. You agree that you must evaluate, and bear all risks associated with, the use of any Content, whether provided by GEN or by other users, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that GEN may preserve Content that you upload, post, e-mail, submit, or otherwise transmit, and may also disclose such Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) to protect the rights, property, or safety of GEN, its users, and any other person, entity, or organization.

7) Third Party Sites
GEN may provide, or third parties may provide, links to other World Wide Web sites or Internet services. You acknowledge and agree that GEN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or services. You further acknowledge and agree that GEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

8) Proprietary Rights
You acknowledge and agree that all Content and materials available on this site and GEN CD-ROMs are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by GEN, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content, whether for commercial or for noncommercial purposes. You further acknowledge and agree that patents are pending on certain technology, systems, methods, and processes embodied in GEN or its underlying technology or services. You agree not to exploit for any commercial purpose use of GEN or access to GEN.

Notwithstanding the above, you may print or download one copy of the materials or Content on GEN on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from GEN to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from GEN is prohibited. In addition, use of such Content or materials for any purpose not expressly permitted in the TOS is prohibited.

9) User's Grant of License
By uploading, posting, e-mailing, submitting, or otherwise transmitting any Content to GEN, you: (a) grant GEN and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (b) warrant and represent that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by GEN will not infringe or violate the rights of any third party.

10) Disclaimer of Warranties
All Content, materials, information, software, products, and services included in or available through GEN (the "materials") are provided "as is" and "as available" for your use. The materials are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. GEN, its subsidiaries, and its licensors do not warrant that the materials are accurate, reliable, or correct; that GEN will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of GEN is solely at your own risk. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GEN's liability in such jurisdictions shall be limited to the extent permitted by law.

11) Limitation of Liability
You expressly understand and agree that GEN shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, or computer failure or malfunction (even if GEN has been advised of the possibility of such damages), resulting from the use or misuse of, or the inability to use, GEN and its Courses and services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GEN's liability in such jurisdictions shall be limited to the extent permitted by law.

12) Indemnification
You agree to defend, indemnify, and hold harmless GEN and its officers, directors, shareholders, employees, affiliates, affiliated educators and teaching assistants, and agents from and against any and all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the site or violation of the TOS. GEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GEN in asserting any available defenses.

13) International Use
You agree to comply with all local rules regarding online conduct and acceptable Content when accessing or using GEN in locations outside the United States. GEN makes no representation that its services and Content are appropriate and available for use in such locations. Accessing GEN from territories where such services or Content are illegal is prohibited. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14) General
The TOS are entered into in the State of New York and shall be construed in accordance with the laws of New York, without regard to its conflict of law rules. You submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in Manhattan County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to the TOS, the prevailing party will be entitled to costs and reasonable attorney fees. The TOS constitute the entire agreement between you and GEN and govern your use of GEN, its Courses and services, superceding any prior agreement, oral or written, between you and GEN. In the event that any provisions of the TOS are found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GEN or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15) Termination
GEN reserves the right, in its sole discretion, to terminate your access to all or part of GEN, its services, Courses and Content offerings, with or without notice.

16) Reporting TOS Violations
If you believe the TOS has been violated, please contact our Customer Service group at support@gen.com.