Welcome to Education.com (the “Site”). This Site is owned and operated by Education.com, Inc. (“Education.com,” “we,” or “us”). Please feel free to browse this Site, read and print information, and participate in our community, subject to these terms and conditions.
1. Use of the Site and its Content
The contents of this Site, including the text, graphics, images, information, visitor chat, and other materials contained on this Site (“Content”) are for general informational purposes only. Such Content is provided on a blind-basis, without any knowledge as to your identity, jurisdiction, medical condition or specific circumstances.
Content provided by Education.com and various authors and publishers’ providing such information does not constitute the rendering of medical, health, legal or other professional advice or services. Always seek the advice of your physician or other qualified health provider with questions you may have regarding any medical conditions. The Content of this Site should not be relied upon or used as a substitute for consultation with physicians, qualified health professionals, lawyers or other professional advisors.
Reliance on any Content provided on this Site, whether by us, other authors or publishers, or visitors to this Site is solely at your own risk. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Site. There may be delays, omissions, or inaccuracies in Content contained in this Site.
We may alter, suspend, or discontinue this Site, or any content in it, at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. We may also elect, at any time upon notice, to begin to impose fees or charges for access or use of this Site.
2. Registration and Privacy
The Site is directed solely to individuals residing in the United States. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
3. Education.com’s Proprietary Rights
The Site and its Content are the property of Education.com and its licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. For example, and without limitation, “Education.com” and the Education.com logo, and other related marks are trademarks and/or service marks of Education.com, Inc. All other trademarks, service marks, and logos used on our Sites are the trademarks, service marks, or logos of their respective owners.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view and print one copy per child or person of any Content that is available on this Site (such as articles or papers), subject to the following conditions:
- Such Content may be used solely for noncommercial, informational purposes. Educational use in classrooms, tutoring groups, etc. is permitted.
- Such Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information or documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Education.com or such third party that may own the trademark or copyright of material displayed on this Site. If you are interested in reprinting, republishing or distributing content from Education.com, please contact us at webmaster AT education DOT com.
4. User Conduct
You may not republish, upload, post, transmit or distribute Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and may subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
- Post, disseminate, or transmit any Content that is or which we consider, in our sole discretion, unlawful, harassing, defamatory, abusive, threatening, vulgar, obscene, pornographic, harmful, tortuous, libelous, racist, violent or otherwise objectionable;
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful or illegal purpose or in violation of any of the rules herein;
- Display material that exploits children under 18 years of age;
- Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent.
- Post, disseminate, or transmit any Content that infringes or violates the copyright, trademark, trade secret, patent, or other proprietary right of any other third party, or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- Post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
- Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
- Promote, solicit or participate in multi-level marketing or pyramid schemes;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
- Electronically stalk or otherwise harass another user;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
5. User Content and Correspondence
You acknowledge that Education.com does not generally prescreen Content, but that Education.com and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Site. Education.com reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Education.com and its designees will have the right to remove any Content that violates the Agreement or that Education.com considers, in its sole discretion, objectionable, whether for legal or for other reasons.
By posting Content to the Site or by transmitting Content using the Site, you (a) represent and warrant to Education.com that you have all necessary permission to post or transmit Content; and (b) grant to Education.com a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further agree to waive, to the extent legally permissible, any moral rights in any jurisdictions relating to such Content.
Bulletin boards and chat rooms contain the opinions and views of other users. Education.com is not responsible for the accuracy of any messages on this Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Education.com regarding the Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights. Education.com will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, Education.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Education.com, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
6. Printable Workbook Purchases
Additionally, Printable Workbook purchases are subject to the following legal conditions:
- Printable Workbook purchasers (including teachers, homeschooling families, parents and other caregivers) may print or copy as many copies of each purchased Printable Workbook as needed for their students/children.
- All sales of Education.com Printable Workbooks are final and refunds of purchase price will not be given. Purchased Printable Workbooks will be available to logged in Education.com members for at least 30 days after purchase.
- All content within Education.com Printable Workbooks is copyrighted. No portion of a Printable Workbook may be:
- Displayed in whole or in part within a frame on another website.
- Included or distributed in a print publication (paid or free).
- Added to any other server.
- Resold in any manner.
- Education.com Printable Workbook titles and descriptions only may be displayed on other websites. Links referring to Education.com Printable Workbooks must direct users to Education.com. Under no circumstance can a user of another website download an Education.com Printable Workbook from that website.
- Prices for Printable Workbooks and related subscriptions may change at any time. Education.com will not provide price protection or refunds in the event of a price reduction or promotional offering.
- Any questions or issues involving the purchase or download of Education.com Printable Workbooks should be directed to: support AT education DOT com.
7. Features and Links to Other Sites
Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our Sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.
The Site may contain links to other Internet Sites or resources. We neither control nor endorse such other Sites, nor have we reviewed or approved any content that appears on such other Sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
8. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, EDUCATION.COM DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDUCATION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF EDUCATION.COM OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED HEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our Sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at webmaster AT education DOT com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
9. Limitation of Liability
NEITHER EDUCATION.COM, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH EDUCATION.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO EDUCATION.COM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that Education.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties.
12. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Education.com, Inc. or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our Sites should be sent to ATTN: COPYRIGHT, Education.com, 2317 Broadway St, Suite 240, Redwood City, CA 94063, and emailed to: webmaster AT education DOT com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
This Agreement, together with all Education.com policies referred to herein, constitutes the entire agreement between you and Education.com relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. This Agreement and the relationship between you and Education.com are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You and Education.com agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Mateo County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
14. SchoolFinder Review Guidelines
- Please be thorough and specific when reviewing a school and try to describe several aspects of the school, rather than focusing on just one. Reviews should be between 10 and 150 words.
- When it comes to using a teacher or administrator’s real name, “If you can’t say anything nice, don’t say anything at all.” Reviews containing negative comments or accusations about named individuals or individuals identified by title, such as “the principal”, will not be posted.
- Any review that includes an accusation that someone has committed a crime, including abuse of a child, will not be accepted. We recommend reviewers notify appropriate authorities about these situations and events.
- If you have complaints or unresolved issues, please contact the school directly. Don’t think of this as an opportunity to “vent” and do not state data or facts unless you are sure they are accurate. Do not use offensive language or content —inappropriate reviews will not be accepted. Write clearly with accurate grammar, spelling, and punctuation. Do not write in all capital letters.
- Parents and teachers, please write only one review per school. Please limit reviews to schools with which you have had personal experience in the last six years.
- Students must be 13 years of age or older in order to write reviews.
- Student’s names will never be displayed for privacy reasons. Parents should not include a child’s name in a review.
15. Education.com PLUS
Education.com, Inc. (“Company”) appreciates your interest in purchasing a membership to our online learning program, Brainzy (“Membership”). To complete your purchase you must do the following:
- Read the agreement set forth below;
- Complete your contact information and Education.com user profile; and
- Purchase your Membership as instructed on the Education.com website.
1. Binding Effect
This is a binding agreement. By purchasing an Education.com Brainzy Membership, you agree to abide by these Terms of Service (“Terms of Service” or “Agreement”), as they may be amended by Company from time to time in its sole discretion. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately cease all use of the Membership. BY PURCHASING THE EDUCATION.COM BRAINZY MEMBERSHIP YOU AGREE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. Purchase Price of Education.com Brainzy Membership
You agree to purchase the Education.com Brainzy Membership for the prices as listed on the Education.com website (“Site”) at the time of such purchase (including at the time of any automatic Membership renewals). Any questions or issues involving the purchase or use of the Education.com Brainzy Membership should be directed by email to: support AT education DOT com.
3. Risk-Free Start Terms
Your Membership comes with a seven (7) day risk-free start. You may cancel your subscription any time within 7 days of purchase to receive a complete refund of your purchase price. To exercise this satisfaction guarantee refund, simply send an email to support AT education DOT com. On the 8th day following your purchase of the Education.com Brainzy Membership, the purchase becomes final and nonrefundable. You may cancel your Membership at any time but no portion of the membership price will be refunded. Prices for the Membership and related subscriptions may change at any time. Company will not provide price protection or refunds in the event of a price reduction or promotional offering. The amount of your refund will be limited to the purchase price you paid to Education.com on the day of your purchase.
4. Benefits of Education.com Brainzy Membership
The following benefits and restrictions apply:
- You may create up to three (3) player accounts.
- Each player will have unlimited access to the Brainzy program for the duration of the membership.
- At its sole discretion, Education.com may elect to provide additional membership benefits – including but not limited to exclusive printable content. You will not be required to pay additional fees for these added benefits.
- You may elect to subscribe to and receive a monthly premium newsletter from Company (the “Newsletter”). The Newsletter may provide exclusive content, to be determined at Company’s sole discretion, that would be available only to Education.com Brainzy Members who subscribe to the Newsletter.
- You may also choose to purchase individual Printable Workbooks or a PLUS membership from Company on a case-by-case basis, subject to separate terms and conditions that must be agreed to. Such other terms and conditions may allow for unlimited access to those purchased materials but will not change the terms of this Agreement.
6. User Account
Prior to purchasing an Education.com Brainzy Membership, you are required to open an Education.com account to use and access the Site (your “Education.com Profile”) by completing a registration process and providing complete and accurate information on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You may not authorize any other person or organization to access your account. You agree to notify Company immediately about any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
7. Use of Education.com Brainzy Membership
Any data, downloads, or other materials provided to you as part of your Membership (collectively, “Content”) is deemed to be licensed to you by Company as follows: a) If you are purchasing a Membership as an individual for home use, homeschooling, or caregiving, the Content is licensed to you for your personal, noncommercial, use only. b) If you are purchasing a Membership in your capacity as a teacher or on behalf of a school, the Content is licensed to you for use by you and students enrolled in your classroom only. No Content may be shared in any manner except as stated above. Only you may log in to your account and access your Profile. Company does not transfer either the title or the intellectual property rights to Content, and Company, its affiliates, or its licensors retain full and complete title to Content as well as all intellectual property rights therein. Except as expressly provided in this Section of this Agreement, you may not sell, redistribute, or reproduce the Content, or any modifications, portions of, or derivatives of the Content. Under no circumstances may Content be displayed on other websites or in printed publications. YOU MAY NOT SHARE WITH OR PROVIDE CONTENT TO OTHER TEACHERS OR THEIR STUDENTS WITHIN YOUR SCHOOL. EACH MEMBERSHIP IS FOR USE BY ONE TEACHER ONLY.
8. Compliance with Intellectual Property Laws
When accessing the Content or Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Content and Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you download or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. Copyright Infringement
All Content is copyrighted. No portion of a Brainzy game or other Brainzy activity may be: (a) displayed in whole or in part within a frame on another website; (b) included or distributed in a print publication (paid or free); (c) added to any other server; or (d) resold in any manner. Company will take legal action against any entity taking any of the above actions without express written permission from Company.
10. Alleged Violations
Company reserves the right to terminate your Membership, use of Content, and/or use of the Site. You agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Membership, Content, or Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your Membership and your access to the Content or Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Membership, Content, or Site by others.
11. NO WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE MEMBERSHIP, CONTENT, AND SITE AVAILABLE “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE CONTENT, MEMBERSHIP, OR SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MEMBERSHIP, CONTENT, AND SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (i) THE INFORMATION IN THE CONTENT OR ON THE SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE CONTENT, SITE, AND THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
12. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH COMPANY, INCLUDING THE MEMBERSHIP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP, CONTENT OR SITE IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE MEMBERSHIP IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Membership, Content, or Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your Membership, of any intellectual property or other right of any third party.
14. Term and Termination
You understand and agree that Company may, under certain circumstances and without prior notice to you, terminate your access to and use of the Membership, Content, or Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other agreements or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) technical difficulties. Company may terminate this Agreement at any time with or without cause in Company’s sole discretion on notice to you.
Company may, in its sole discretion and without prior notice, revise these Terms of Service or modify the Site and its related services. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Membership or Site following notice of any revision, you shall abide by any such revision.
This Agreement, together with all Company’s policies referred to herein, constitutes the entire agreement between you and Company relating to your use of the Membership, Content, and Site and supersedes any and all prior or contemporaneous written or oral agreements on that subject. This Agreement and the relationship between you and Company are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You may not assign this Agreement or its rights or obligations to any third party. You and Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Mateo County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
BY PURCHASING YOUR EDUCATION.COM BRAINZY MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.