Education.com API Branding Requirements

All API users must clearly and conspicuously display the Education.com name, logo(s) and link(s) to Education.com (the “Brand Features”) on any web page that displays or uses the API or SchoolFinder Data, in accordance with the following branding requirements:

The following output elements must be present and link to the specific URLs described below using the standard linking format on your site. Links to education.com may not be "no-followed" or hidden from the search engines as described in more detail in the Web Service Terms of Service below.

All web pages that display SchoolFinder data must display the following:

“Schools provided by ” linking to http://www.education.com/schoolfinder/. The logo is returned in a data array by the web service "gbd" function defined as the "logosrc" data element.

"©Education.com, Inc. 2009. Use is subject to Terms of Service.” The disclaimer text is returned in a data array by the web service "gbd" function defined as the "disclaimer" data element.

The following links are required depending on use case:

“See more information on [Neighborhood or City Name schools] from Education.com” for location-based listings or search results. This phrase should be linked to the appropriate city landing page on Education.com as returned in a data array by the web service "gbd" function defined as the "lsc" data element.

“See more information about [School Name] from Education.com” where an individual school profile is displayed. This phrase should be linked to the appropriate school landing page on Education.com as returned in a data array by the web service "gbd" function defined as the "lsp" data element.

“See more reviews on [School Name] from Education.com” where reviews are displayed. This phrase should be linked to the appropriate school review page as returned in a data array by the web service "gbd" function defined as the "lsr" data element.

Instructions on how to access the service are available in the web service documentation. If you have any questions about the SchoolFinder Web Service, please contact us at api-support@education.com.

SchoolFinder Web Service Terms of Service

Thank you for using the Education.com, Inc. (“Education.com”) SchoolFinder Web Service! By using the SchoolFinder Web Service (the “API” or “Service”), you and the organization listed in your Request for SchoolFinder Web service Access (“You”) accept and agree to be bound by the following terms and conditions (the “Terms of Service”).

1. SchoolFinder Web Service and Widgets

a. Applying to Become an Approved Licensee or Customize a Widget

To apply to become an approved licensee, please submit a Request for SchoolFinder Web service Access (“Request”). You hereby represent and warrant to Education.com that all information included in your Request is true, complete and accurate. To customize a widget, access the SchoolFinder Tools page and copy and paste the resulting code.

b. Service

The API enables approved licensees to obtain and display local school information from Education.com’s SchoolFinder database (“SchoolFinder Data”) on their Websites, subject to the conditions and limitations in these Terms of Service. The API includes an API client library and associated documentation that allows approved licensees to display results from the Education.com SchoolFinder database in accordance with these Terms of Service.

Education.com reserves the right to approve on a case-by-case basis uses of the API and SchoolFinder Data beyond Website use. If you would like to use the API for a non-Website implementation, please describe your proposed use in your Request. Education.com may amend these Terms of Service by addendum for approved non-Website uses.

c. Modifications

Education.com reserves the right to release updated versions of the API and to require You to obtain and use the most recent version. Education.com may modify the Terms of Service at any time with or without notice, and You can review the most current version of the Terms of Service online at any time at www.education.com/schoolfinder/tools/webservice/terms/ (or other URL as Education.com may decide from time to time). If a modification is unacceptable to You, You may cancel the Service by stopping your use of the Service. If You continue to use the Service, You will be deemed to have accepted the modifications.

By downloading and installing a SchoolFinder widget, you agree to include all links back to Education.com that are found in the original Widget code. User may edit all inputs to widget and any customization of wrapper outside of the i-frame. For example, user may create a dynamic implementation of the widget on his/her site, however the links must exist outside of i-frame in widget at all times.

2. License to API and SchoolFinder Data

Effective upon Education.com’s acceptance of You as an approved licensee pursuant to your Request, and subject to the terms of these Terms of Service (including, without limitation, Section 4 below), Education.com grants You a nontransfereable, nonsublicensable, nonexclusive license during the term set forth in Section 12 below (the “Term”) to: (a) access the API, (b) implement the API on Your Website(s) specified in your Request (“Website”), and (c) display SchoolFinder Data on Your Website(s) for consumers to access such data for their personal use and without charge.

3. Branding License

For purposes of these Terms of Service, “Brand Features” shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand identifiers of each party, respectively, as secured by such party from time to time. Subject to the terms of these Terms of Service, Education.com hereby grants to You a nontransfereable, nonsublicensable, nonexclusive license during the Term to display the Education.com Brand Features for the purpose of complying with Your obligations in Section 4(d) and for the purpose of promoting or advertising that You use the API in accordance with the Branding Requirements (the “Branding Requirements”). You hereby grant to Education.com a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that you are using the Service.

In using the Education.com Brand Features You agree that You will not:

Display an Education.com Brand Feature in any manner that implies a relationship or affiliation with, or sponsorship or endorsement by Education.com, other than Your use of the API;
Display an Education.com Brand Feature on Your site if contains or displays adult content or promotes illegal activities, gambling or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
Display an Education.com Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging or otherwise objectionable to Education.com; or
Remove, distort or alter any element of an Education.com Brand Feature.

You understand and agree that Education.com has the sole discretion to determine whether Your use of the Education.com Brand Features is in accordance with the above restrictions.

4. Acceptable Use; Limitations

You agree not to use the API, SchoolFinder Data or Brand Features in any way that is unlawful, or that harms Education.com, its service providers, its suppliers, Your users, or any other person or entity. Education.com may terminate Your use of the API, SchoolFinder Data or Brand Features if and when Education.com determines Your use is inappropriate. The licenses granted to You herein are subject to these Terms of Service, including without limitation the following restrictions:
All calls to the API must reference Your unique API Key.
You agree to keep Your API Key confidential, and to not share it with any third party, including without limitation subsidiaries, affiliates and partner organizations. Any third party must submit its own Request and API Key request.
You agree to provide the SchoolFinder Data to Your users on an “as is” basis, with disclaimers substantially similar to those set forth in Sections 8 and 9 of these Terms of Service.
You may not use the SchoolFinder Data to develop a stand-alone application that substantial re-creates the functionality offered by Education.com's SchoolFinder application, www.education.com/schoolfinder/, or for the purpose of competing directly against the application.
You must clearly and conspicuously display the Education.com Brand Features on any Web page that displays or uses the API or SchoolFinder Data, in accordance with the Branding Requirements.
You may not, and You may not permit Your users or any third parties to, modify, obscure or disable the SchoolFinder Data that You display on Your site.
You agree that You will not display or permit Your users or any third parties to display the SchoolFinder Data in a manner that makes it appear to be available on a third party Website.
You may present SchoolFinder Data only on a transactional basis. You agree not to allow Your users to access SchoolFinder Data in bulk.
You may not use or make available the SchoolFinder Data as part of any webpage that allows users to blog, comment, rate, or otherwise provide feedback regarding schools or related information, or as part of a webpage that promotes the availability of this type of service, on any website other than an Education.com website.
You must use commercially reasonable efforts to prevent the SchoolFinder Data from being downloaded in bulk or otherwise scraped. Such efforts include "spider traps," "C.A.P.T.C.H.A.," velocity checks, source IP analysis, or other methods that are as effective.
You shall not tag links to Education.com hereunder with a “nofollow” attribute or otherwise prevent or discourage search engines from following or scoring the link.
You agree to use the API and SchoolFinder Data only for purposes that are legal, proper and in accordance with these Terms of Service. By way of illustration and not limitation, You agree that You will not and will not permit Your users or other third parties to:
1. Use or provide data elements from the SchoolFinder Data to enhance the data of any third party, including by generating any derivative works using SchoolFinder Data;
2. Use the SchoolFinder Data for direct marketing or telemarketing purposes;
3. Interfere with or disrupt Education.com services or servers or networks connected to Education.com services, or disobey any requirements, procedures, policies or regulations connected to Education.com services; or
4. Transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
You may not keep any copies of the SchoolFinder Data. Your license to SchoolFinder Data is limited to making direct server calls to Education.com for the SchoolFinder Data and to distributing the SchoolFinder Data to Your users immediately upon receipt by Your server(s).
Unless otherwise notified to you by Education.com, You may make up to 1,000 of direct server calls to the API per day. Education.com reserves the right at its discretion to reduce or increase the maximum number of calls applicable to You immediately and without notice. In addition, subject to Education.com’s discretion, Education.com may approve You to make an additional number of direct server calls per day if You adhere to these Terms of Service and pass an Education.com audit and review. To request an increase in the maximum number of calls, please send an email to api-support@education.com
You agree to refrain from reproducing, modifying, distributing, decompiling, disassembling or reverse engineering any portion of the API or any SchoolFinder Data.
You understand and agree that You are solely responsible for providing user support and any other technical assistance for any implementation of the API in Your Website. Education.com is under no obligation to provide You or Your users with user support or any other technical assistance.
If You become aware that any user of Your implementation of the API is in material breach of these Terms of Service (including, without limitation, the Branding Requirements), You agree to notify Education.com promptly by sending an email to api-support@education.com, and to take prompt, commercially reasonable action at Your expense to remedy the breach.

5. Privacy Policy

Education.com’s collection of personal data is governed by Education.com’s Privacy Policy. You understand and agree that Education.com may access, preserve and disclose Your information if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to comply with legal process or to protect the rights, property and/or safety of Education.com, its affiliates or the public.

6. Limited Relationship

The relationship between You and Education.com is one of independent contractors. Nothing in these Terms of Service shall be construed as creating an employer-employee relationship, partnership, joint venture, or any relationship other than an independent contractor relationship. You may publicly indicate that You have implemented the Education.com API on Your Website(s); however, You agree not to make any other public statements that assert or imply any other relationship with Education.com without Education.com’s prior written consent.

7. Indemnity

You agree to defend, hold harmless and indemnify Education.com, and its subsidiaries, affiliates, officers, agents, employees, suppliers, licensors and partners from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature arising from or in any way related to (i) Your or Your users’ use of the API, SchoolFinder Data or Brand Features, (i) violation by You of these Terms of Service or other actions connected to Your use of the Service or API. In such a case, Education.com will provide You with written notice of such claim, suit or other action.

8. No Warranty

education.com provides the api, SchoolFinder Data and brand features “as is,” “with all faults” and “as available.” the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

To the maximum extent permitted by applicable law, education.com expressly disclaims any and all warranties or conditions, express, statutory or implied, including without limitation (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and noninfringement, (b) warranties or conditions arising through course of dealing or usage of trade and (c) warranties or conditions of uninterrupted or error-free access or use.

9. Liability Limitation; Exclusive Remedy

in no event will education.com be liable for any damages, including without limitation any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of, based on, or resulting from these terms of service or your or your users’ use of the api, SchoolFinder Data, or brand Features, even if education.com has been advised of the possibility of such damages. the exclusion of damages under this paragraph is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. these limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

if you do not agree with any part of these terms of service, or you have any dispute or claim against education.com with respect to these terms of service or the api, your sole and exclusive remedy is to discontinue using the api, schoolfinder data and brand features.

10. Intellectual Property

For purposes of these Terms of Service, “Intellectual Property Rights” shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that Education.com or its licensors owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the API and SchoolFinder Data, and that You shall not acquire any right, title or interest to the API or SchoolFinder Data or any Intellectual Property Rights therein.

11. Term and Termination

Term. The term of the Terms of Service shall commence on the date upon which agree to the Terms of Service and shall continue in force thereafter, unless terminated as provided herein.
Termination. Education.com may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Education.com’s own discretion and at any time, a maximum amount of SchoolFinder Data you may access through the Service without Education.com’s prior written consent.
In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Education.com or otherwise disparages or devalues the Education.com Brand Features or Education.com’s reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your Site and cease all use of the API.
Rejection of Request. Education.com shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and Education.com. Education.com shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and SchoolFinder Data and Brand Features and API in the possession or control of You or your affiliates or available on or through any Website controlled by You or your affiliates.
Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 6 through 13 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.
Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Education.com, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Education.com may be legally entitled, Education.com shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
Third Party Beneficiaries. Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.

12. Choice of Law; Disputes

These Terms of Service and the relationship between You and Education.com shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Education.com agree to submit to exclusive jurisdiction of the courts located in Santa Clara County, California, for any and all disputes, claims and actions arising from or in connection with the API, SchoolFinder Data or these Terms of Service.

13. General

You represent that You have the authority to bind the organization (if any) identified in Your Request. You agree not to export to any place any part of the API, SchoolFinder Data and Brand Features provided to You or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the API, SchoolFinder Data and Brand Features are provided with the commercial license rights described herein. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The section titles in these Terms of Service are solely for the convenience of the parties and have no legal or contractual significance. Education.com may assign these Terms of Service, in whole or in part, at any time with or without notice to You. You may not transfer, assign, sublicense or delegate the Terms of Service or Your API Key to any third party. Education.com’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Except as expressly stated herein, these Terms of Service constitute the entire agreement between You and Education.com with respect to the API and supersede any prior or contemporaneous agreements between You and Education.com.