1.
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INTRODUCTION |
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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.
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2.
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PASSWORD SECURITY and NOTIFICATION
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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.
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3.
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DISCLAIMER OF WARRANTIES
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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.
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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.
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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.
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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.
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EEC DISCLAIMS ANY LIABILITY FOR THE IMPROPER OR INCORRECT USE OF INFORMATION
OBTAINED FROM THE REGISTRY.
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ALL SERVICES AND INFORMATION PROVIDED THROUGH THE REGISTRY ARE SUBJECT TO
CHANGE WITHOUT NOTICE.
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4.
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LIMITATION OF LIABILITY
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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.
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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.
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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.
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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.
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5.
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IDEMNIFICATION
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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.
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6.
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EEC POLICY GOVERNS
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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.
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7.
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CHANGES TO THE REGISTRY
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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.
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8.
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TERMINATION
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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.
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9.
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GOVERNING LAWS
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These terms and their enforcement are governed by the laws of the Commonwealth
of Massachusetts.
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10.
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SEVERABILITY
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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.
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11.
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LEGAL CONTACT
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If you have questions regarding these Terms of Use, you may contact EEC as
follows:
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Denise J. Karlin
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Assistant General Counsel
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Department of Early Education and Care
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51 Sleeper Street - 4th Floor
- Boston, MA 02210
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Tel: 617-988-6605
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Fax: 617-988-2451
- Denise.Karlin2@massmail.state.ma.us
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12.
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DATE LAST MODIFIED
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JULY 19, 2006
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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.
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