TERMS OF USE FOR QUALIFICATIONS REGISTRY

  1. INTRODUCTION
  2. PASSWORD SECURITY and NOTIFICATION
  3. DISCLAIMER OF WARRANTIES
  4. LIMITATION OF LIABILITY
  5. IDEMNIFICATION
  6. EEC POLICY GOVERNS
  7. CHANGES TO THE REGISTRY
  8. TERMINATION
  9. GOVERNING LAW
  10. SEVERABILITY
  11. LEGAL CONTACT
  12. DATE LAST MODIFIED
1. INTRODUCTION
  The Department of Early Education and Care (EEC) is pleased to provide you with the services, contents, tools, and information provided on The Teacher Qualifications Registry (THE REGISTRY). THE REGISTRY is the on-line system that documents an individual’s qualifications to work in EEC licensed group child care programs. This system will collect information that is need to evaluate an individual’s qualifications, such as education, work experience and training. Your use of THE REGISTRY is subject to the following Terms of Use (Terms). These Terms are a binding contract between you and EEC. After reviewing these Terms, you must agree to abide by their requirements. In order to do so, you must check the “I accept and agree to abide by the EEC THE REGISTRY Terms of Use.” By checking the “I agree” box and by using or accessing THE REGISTRY, you accept and agree to be bound by these Terms. Your use of THE REGISTRY is governed by the version of the Terms in effect on the date THE REGISTRY is accessed by you. EEC may modify these terms at any time and without prior notice. These terms are in addition to any other agreements between you and EEC.
 
2. PASSWORD SECURITY and NOTIFICATION
  If you have a User Name and Password for access to THE REGISTRY, you are solely responsible for all activities that occur in connection with the use of your User Name and Password. Accordingly, you must take steps to protect the confidentiality of your User Name and Password. Notify EEC immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your User Name and/or Password. You may notify EEC of such by contacting Rosanna Lococo at (617)988-7806, or email Rosanna.Lococo@MassMail.State.MA.US.
 
3. DISCLAIMER OF WARRANTIES
 
  1. NEITHER EEC, ITS EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, OR THE EMPLOYEES OF ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, MAKES ANY CLAIMS, PROMISES OR GUARANTEES ABOUT OR ASSUMES ANY LEGAL LIABILITY FOR THE AVAILABILITY, ACCURACY, CURRENCY, COMPLETENESS, USEFULNESS, OR ADEQUACY OF ANY INFORMATION, CONTENTS, PROCESSES, PRODUCTS, OR SERVICES ON THE REGISTRY. SUCH PARTIES EXPRESSLY DISCLAIM LIABILITY FOR ERRORS AND OMISSIONS THEREIN.
  2. NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FREEDOM FROM COMPUTER VIRUSES. IS GIVEN WITH RESPECT TO THE REGISTRY BY ANY PARTIES TO THIS DISCLAIMER.
  3. THE REGISTRY IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND EEC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
  4. EEC DOES NOT WARRANT THATTHE REGISTRY WILL ALWAYS MEET YOUR NEEDS, OR THAT WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR FREE. EEC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE REGISTRY WILL ALWAYS BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY SERVICES WILL MEET YOUR EXPECTATIONS.
  5. EEC DISCLAIMS ANY LIABILITY FOR THE IMPROPER OR INCORRECT USE OF INFORMATION OBTAINED FROM THE REGISTRY.
  6. ALL SERVICES AND INFORMATION PROVIDED THROUGH THE REGISTRY ARE SUBJECT TO CHANGE WITHOUT NOTICE.
 
4. LIMITATION OF LIABILITY
 
  1. EEC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO AN INCORRECT DETERMINATION FOR NATURE AND LEVEL OF QUALIFICAITONS. THIS IS TRUE EVEN IF EEC HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR LOSSES.
  2. IF ANY APPLICANT KNOWINGLY OR INTENTIONALLY PROVIDES FALSE AND INCORRECT INFORMATION IN HIS OR HER USE OF THE REGISTRY, THEN THIS INFORMATION SHALL BE CONSIDERED NULL AND VOID AND ANY QUALIFICATION CERTIFICATE ISSUED BY EEC SHALL ALSO BE NULL AND VOID.
  3. EEC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH EEC DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES BUT IS NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, OR INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE OR OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR ACTION OF GOVERNMENT.
  4. SHOULD YOU RECEIVE A QUALIFICATION CERTICATE WHICH YOU ARE NOT LEGALLY ENTITLED DUE TO AN ERROR OR FLAW IN THE REGISTRY, YOU ARE RESPONSIBLE FOR NOTIFYING EEC THAT YOU RECEIVED THIS CERTICATE IN ERROR. YOUR FAILURE TO NOTIFY EEC OF SUCH AND YOUR USING SUCH CERTICATE TO OBTAIN EMPLOYMENT OR FOR OTHER PROFESSIONAL CHILD CARE RELATED REASONS MAY RESULT IN EEC TAKING LEGAL ACTION AGAINST YOU.
 
5. IDEMNIFICATION
  As a condition of your use of THE REGISTRY you agree to indemnify and hold harmless EEC its employees, attorneys, agents, and its third party providers (“Indemnitees”) from and against all claims, losses, liability, costs, expenses and damages, (including but not limited to attorneys’ fees), arising from your use of THE REGISTRY or resulting from the information you supply or from your violation of these terms.
 
6. EEC POLICY GOVERNS
  Should a conflict arise between EEC policy regarding professional qualifications, program licensure, or any other issue to which EEC policy applies and the use of THE REGISTRY, then EEC policy will govern any and all interactions between users of THE REGISTRY and EEC.
 
7. CHANGES TO THE REGISTRY
  EEC may change these Terms from time to time without notice. Changes to the terms will apply to the use of THE REGISTRY as of the date of the change. As a result, users should review the content of these Terms of Use on a regular basis. Failure to view these terms on a regular basis does not relieve the user of the duty of being informed of their content and you accept these modifications if you continue to use THE REGISTRY.
 
8. TERMINATION
  EEC may terminate your access to THE REGISTRY without prior notice if EEC has reasonable cause to believe that you have violated any of these terms.
 
9. GOVERNING LAWS
  These terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts.
 
10. SEVERABILITY
  If a court of competent jurisdiction deems any provision of these Terms of Use unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
 
 
11. LEGAL CONTACT
  If you have questions regarding these Terms of Use, you may contact EEC as follows:
  • Denise J. Karlin
  • Assistant General Counsel
  • Department of Early Education and Care
  • 51 Sleeper Street - 4th Floor
  • Boston, MA 02210
  • Tel: 617-988-6605
  • Fax: 617-988-2451
  • Denise.Karlin2@massmail.state.ma.us
 
12. DATE LAST MODIFIED
  JULY 19, 2006
 
I ACCEPT AND AGREE TO ABIDE BY THE EEC THE REGISTRY TERMS OF USE. THE INFORMATION I HAVE SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE AND ACCURATE.