IMPORTANT - READ CAREFULLY: THESE "TERMS OF USE" (SOMETIMES REFERRED TO AS THIS "AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND EDUCATION INNOVATIONS, INC., A NEVADA CORPORATION, ("EDUCATION INNOVATIONS," "WE," OR "US"). YOU ARE A USER ("USER") (OR WILL BECOME A USER IF YOU AGREE TO OUR TERMS OF USE BY REGISTERING WITH AND/OR LICENSING OR USING OUR SERVICES). THE "TERM" IS THE TIME DURING WHICH YOU ARE ENTITLED TO USE OUR WEBSITE TO CREATE AND/OR RESPOND TO EDUCATION CURRICULA AND OTHER DIGITAL CONTENT. IF AN INDIVIDUAL PURPORTS, AND HAS THE LEGAL AUTHORITY, TO SIGN THESE TERMS OF USE ELECTRONICALLY ON BEHALF OF AN EMPLOYER OR CLIENT, "YOU" REFERS TO THE EMPLOYER OR CLIENT. IF NOT, "YOU" REFERS TO THE INDIVIDUAL SIGNING HEREON. YOU ARE RESPONSIBLE FOR ASSURING THAT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE COMPLIED WITH. BY CLICKING THE BUTTON TO CREATE AN ACCOUNT WITH EDUCATION INNOVATIONS (VIA OUR MAIN WEBSITE LOCATED AT HTTP://WWW.EDUCATIONINNOCVATIONS.COM OR BY CREATING OR USING AN ACCOUNT CREATED ON ANY OF OUR SERVICES OR AFFILIATE WEBSITES), YOU WILL BE AGREEING TO THE TERMS OF THIS AGREEMENT. FURTHERMORE, BY CLICKING THAT BUTTON, AFTER TYPING IN YOUR USERNAME, OR OTHER INDICATION OF YOUR IDENTITY, YOU DO CONFIRM TO US THAT TYPING IN SUCH INDICATION OF IDENTITY CONSTITUTES YOUR "SIGNING" OF THIS AGREEMENT FOR ALL PURPOSES UNDER APPLICABLE LAW. ANY INDIVIDUAL CLICKING THE BUTTON ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, LISTED AS THE USER ABOVE, DOES HEREBY REPRESENT AND WARRANT THAT SUCH AGREEMENT IS BEING MADE WITH FULL AUTHORITY.
FURTHER, YOU AGREE THAT THE SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICES IS AT YOUR DISCRETION AND RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR ANY CONTENT OR SERVICES (INCLUDING, WITHOUT LIMITATION, THI8RD PARTY SERVICES OR THIRD PARTY SITES) INCLUDED OR OTHERWISE MADE AVAILABLE ON THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
WE ASSUME NO RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR CONTENT; (IV) YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR CONTENT BY ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
EDUCATION INNOVATIONS MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANY OTHER USER OF THE SERVICE.
EDUCATION INNOVATIONS MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT POSTED ON THE SERVICES, OR THE SAFETY OR SECURITY OF THE SERVICES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THE CONTENT, ANY PART OF THEM, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
YOU AGREE THAT EDUCATION INNOVATIONS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, THE CONTENT, OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO EDUCATION INNOVATIONS DIRECTLY IN CONNECTION WITH THE SERVICES DURING THE THIRTY (30) DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
EDUCATION INNOVATIONS DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SERVICES, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, LOSS OF INFORMATION OR DATA, ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES, EVEN IF EDUCATION INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT OR SITE CONTENT UPLOADED ONTO, ACCESSED, OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICES.
WARNINGS OF SERIOUS LEGAL CONSEQUENCES
Warning: Under these Terms of Use, if you engage in certain conduct, such as violating laws, trying to take advantage of us in violation of our Terms of Use by taking such actions as using our servers to host data for your website (instead of the licensed creation of and/or response to curricula or messages you send using Education Innovations), attempting to transmit curricula created using Education Innovations through another service, or failing to pay an amount you owe us, we will be entitled to collect from you the higher of a pre-set amount or a multiple of your charges for one year on an annualized basis (which is a reasonable pre-estimate of the actual damages we would likely suffer from such conduct) plus attorney fees. We offer very powerful tools at a very low price. In exchange we expect our customers to act with integrity and follow our rules in order to help us maintain our reputation as having customers who act in good faith and in accordance with the services we offer while not abusing our systems.
(1) Who We Are: "Education Innovations", “ThinkCheck”, “CheckPoints”, and “FinerPoints” are trade names and registered service marks of Education Innovations, Inc., a Nevada corporation, that owns and operates the website with the URL: http://www.educationinnovations.com (the "Website") as well as the aforementioned services, whether accessed online or via other media.
(2) Purpose: The purpose of these Terms of Use (this "Agreement") is to set forth the terms and conditions under which you are permitted to use our curriculum creation and distribution system, our online educational tools and services, and any other materials, services, or data whether electronic or physical and whether provided online or through other media (the "Services"). Any curricula or coursework, including but not limited to any curricula or coursework created, hosted, or accessed using our Services, or our services under license to a 3rd party are referred to herein as a "Curricula"
(3) Changes: We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.
(4) Eligibility: We require that any User be at least eighteen (18) years of age unless registered for our services by a bona fide educational organization or other approved youth service organization. By using the Services, you represent and warrant that you are at eligible to use our Services under these restrictions and that your use of the Services does not violate any applicable law or regulation. Your data may be deleted and your access to our Services may be terminated without warning if we have reason to believe you or your organization are in violation of this provision.
(5) Charges and Payments:
(a). Our license fees as well as any one-time fees, recurring or subscription fees for services, consulting, instructional, or curricula development fees, and any other incidental fees (including travel costs, per diem charges, and 3rd party software license fees when applicable) will clearly be spelled out in a Proposal for Services (“Proposal”) which must be accepted and signed (which, by so doing, also obligates the signer and any other individuals and/or organizations for which he or she is an authorized representative to this Agreement as well as Education Innovation Inc.’s Privacy Policy and End User License Agreement (EULA) regardless of whether these policies and agreements are explicitly referred to or attached as an addendum to the Proposal) prior to use of our Services.
Payments are due for all software licenses in advance of use (but in no case later than fifteen (15) business days from the time that our Proposal is accepted), and for all other contracted services under the Proposal on a NET-10 (except for and travel costs, per diem charges, and 3rd party software license fees which must be paid in advance of any travel, training, or software installation or provision).
(b). As long as you are a User or Licensee or have an outstanding balance with us, you agree to at all times provide us with valid credit card or purchase order information and authorize us to deduct the charges against such credit card or purchase order and to replace the information for any credit card or purchase order that expires with information on a different valid credit card or purchase order. Any individual or organization using a credit card or purchase order represents and warrants that he or she is authorized to use such credit card or purchase order and that any and all charges may be billed to such credit card or purchase order and will not be rejected.
(6) Refunds: We will provide a refund only if we terminate our Services to you without cause and only to the extent of any pro rata license fees paid to us over the prior thirty (30) days. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any User seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
(7) Term, Termination, and Removal: Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. Once terminated, we may remove any of your data and files from our Website and any other storage. Additionally, if you do not log in to your account for twelve (12) or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it. We will, or course, make a good faith effort to provide you with any of your data or other files upon written request accompanying any termination Notice sent to us.
(8) Account and Password: You are responsible for maintaining the confidentiality of any account name and password provided to you or by you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
(9) Proprietary Rights Owned by Us: You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
(10) Proprietary Rights Owned by You: You represent and warrant to us that you will not add or upload any content to the Website to create or respond to curricula, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
(11) General Rules – You Agree to the Following:
(a). You will not incorporate into any data submitted or uploaded to the Website or Services any text, photos, graphics or other content that is not created by you, not provided by us for you , or you are not otherwise permitted to use.
(b). You will not post on our Website or Services, including any data created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
(c). You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
(d). You will not share your password.
(e). You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website or used in our Services.
(f). You will not include in any data any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
(g). You will not set up multiple accounts for any individual, organization or entity unless expressed authorized to do so by us.
(h). You will not import or incorporate into any data, emails or uploads to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
(i). You will not send transactional messages through our Website or Services except using the mechanisms we have specifically designed for such purposes and to which you have access to as a licensed user.
(12) Prohibited Content and Practices
YOU MAY NOT, UNDER ANY CIRCUMSTANCES, use our Website or Services to post, communicate, or store (in whole or in part) anything pornographic or which would be considered (in our sole discretion) offensive, to promote anything illegal, or to harass anyone.
You may also not use our Website or Services to promote, solicit, or otherwise communicate in a non-academic context any of the following:
(a). Sexually explicit subjects
(b). Illegal substances
(c). Illegal goods or services
(d). Escort and dating services
(e). Pharmaceutical products
(f). Online trading, day trading tips, or stock market related content
(g). Gambling services, products or gambling education
(h). Multi-level marketing
(i). Affiliate marketers
(j). Credit repair, get-out-of-debt content
(k). Mortgages and/or Loans
(l). Marketing of any 3rd party goods or services
(m). Nutritional Supplements, Herbal Supplements or Vitamin Supplements
(13) Who Can Use Education Innovations
If you do not meet these eligibility requirements, you may not use the Education Innovations Website or Services except as specified in this Agreement:
(a). You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
(b). You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
Education Innovations does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
(14) Data Archival: Our servers store a great deal of data. Occasionally, we need to archive some of it to maintain service stability and scalability. Here is our data archiving rule for all current Users and Licensees: any data that hasn’t been accessed in the past twelve (12) months will be archived. This may impact the immediate availability of your data as well as any reports based on that data.
(15) Bandwidth Abuse -- Image hosting, API, Tracking: You may not use our bandwidth for anything other than your licensed usage of our Website and Service. In this regard, you agree to the following:
(a). Not to build Curricula using Education Innovations’ tools, Services, methodologies, or processes and then host, distribute, license, or sell it using some other delivery tool. If you do that we may, and reserve the right to, shut your account down, delete any associated data, including user records, and, if appropriate pursue legal action against you and your organization.
(b). If you integrate anything with Education Innovations using our API, you must use efficient programming which does not negatively impact (in our sole discretion) the operations of our Website and Services as well we the Services being accessed by other Users and which fully complies with this and all other Education Innovations’ Agreements. We reserve the right to throttle your API connections, or suspend or terminate your Education Innovations account.
(16) Right to Review Curricula
(a). We, including our employees and independent contractors, are permitted to copy, transmit, and store copies of the content from your Curricula to develop algorithms, heuristics and computer programs ("Tools") to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Users who violate either these Terms of Use or applicable law.
(b). Every Curricula created using our Services has an embedded Curricula ID (CID) in embedded in numerous places in code that makes it easy for us to uncover violations of this Agreement or other potential issues.
(c). If Curricula does not contain a CID, it didn't come from Education Innovations. It was probably just spoofed to look like it came from Education Innovations (something that inevitably happens to everyone online). Conversely, just because Curricula DOES contain a CID does NOT ensure that it came from Education Innovations – if you suspect that Curricula you are using is not an official version, please contact us immediately.
(17) No Warranties: to the maximum extent permitted by law, the material on the Website and the Services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
(18) Limitation of Liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the Website and any licensed Services for the one (1) month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
(19) Indemnity: You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
(20) Attorney Fees: In the event we file an action against you claiming you breached this Agreement and seeking to recover damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.
(21)Disclaimers: We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
(22) U.S. Export Controls: The software that supports the Services (the "Software") is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
(23) Restricted Rights: Notice to U.S. Government End Users. The Software, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Education Innovations, Inc., Nevada, USA.
(24) Reporting Violations: If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.
(25) Assignments: You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
(26) Compliance With Law: In using the Services, you agree that you will comply with all applicable laws.
(27) Applicable Law and Jurisdiction: This Agreement will be governed by the laws of the State of Nevada. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Nevada and agrees that that party is subject to the jurisdiction of such courts in such locality.
(28) Miscellaneous
(a). Force Majeure: We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slowdowns over the internet or any third party internet service providers.
(b). Survivability: The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
(c). Severability: The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
(d). Interpretation: The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
(e). Disclaimer of Additional Liabilities: Education Innovations, Inc. and its officers, directors, and agents will not be liable for any detrimental impact to our Users of Licensees due to:
(i). Any action, inaction, or verbal or written communication that is relied on to make educational, financial (including incurring of debt), or organizational decisions.
(ii). Failure to enforce any provision of this or any other Agreement for any period of time without limitation.
(iii). Any delay in processing, transmitting, reporting, certifying, or proving data regardless of the reason for delay.
(iv). Waiver or denial of waiver of any provision within this or any of our other Agreements regardless of circumstance or precedent.
(v). Inconsistency in the application of this or any of other of our Agreements regardless of circumstance or precedent.
(f). Amendments: No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties.
Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the "Additional Terms.") The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.
(g). Privacy Policy: You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.
(h.) Further Actions: You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
(i). Notification of Security Breach: In the event of a security breach that may affect you, or individuals associated with your organization, we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals within or contracted to your organization, you will promptly forward such information to the individuals so affected.
(j). Amendments: No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
(k). Notices: Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us with a copy to our registered agent at: 187 E. Warm Springs Road, Suite B, Las Vegas, NV, 89119 or admin@educationinnovations.com or such replacement addresses as we may later provide on the Website.
(l). No Changes in Agreement at Request of User: We cannot, as a practical matter, change this Agreement for any one User or group of Users. If we did that, keeping up with the changes would be an expensive undertaking for both you and us. One reason we are able to offer one of the most powerful online education creation, distribution and management systems at a low price is that we are able to use this Agreement to reduce our financial risks.
(m). Entire Agreement: The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.
Last updated 7/25/2012
Terms of Use Privacy Policy End User License Agreement Copyright 2013, Education Innovations, Inc.