Terms of Use

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Legal Information & Notices

We want you to use and enjoy our website. Our legal team does require that we provide information that is required by law and that provides both You and Us with important protections.

We want to be friendly and jargon-free but you may find some complicated legal terms and long passages of dense text.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Edu, Inc. (“Edu”) web site located at www.eduinc.org, and all associated sites linked to www.eduinc.org by Edu, its subsidiaries and affiliates, including Edu sites around the world (collectively, the “Site”). The Site is the property of Edu and its licensors.

The following terminology applies to these Terms of Use: “You” and “Your” refers to you, the person accessing this website and accepting these Terms of Use.  “Edu”, “We” and “Us”, refers to Edu, Inc.

As long as you comply with these Terms of Use, Edu grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Edu reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Privacy

Our Commitment to Your Privacy

Your privacy is important to Edu. Edu’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Edu’s Privacy Policy, click here.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.

Content

You Agree to Respect Edu Content

Our content belongs to us. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Edu, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Without Edu’s express prior written consent, unless expressly provided in these Terms of Use, no Content and no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.

You Can Use Information Provided to You by Edu

You may use information on Edu products and services. You can use information such as data sheets, white papers, articles, and similar materials purposely made available by Edu for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You Agree to Legal and Authorized Use of the Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Edu or others.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Edu reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Edu server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Edu, including any Edu account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You Agree Not Interfere With the Site

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Edu’s systems or networks, or any systems or networks connected to the Site or to Edu.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Edu on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Other Terms and Conditions May Apply to Professional Services

Additional terms and conditions may apply to purchases of goods or services through this Site. You agree to abide by such other terms and conditions including where applicable representing that you are eligible and authorized to use or participate in such services. If there is a conflict between these Terms of Use and the terms posted for or applicable to any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Edu’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Links to Other Sites and to the Edu Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Edu’s control, and Edu is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You Agree to Keep Your Account Passwords Secure

Certain features or services offered on or through the Site may require you to open an account (including setting up an Edu ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Edu immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Edu or any other user due to someone else using your Edu ID, password or account as a result of your failing to keep your account information secure and confidential.

Disclaimers

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EDU DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

EDU CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EDU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EDU SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EDU FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Edu reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Force Majeure

Neither You or Edu shall be liable to the other for any failure to perform any obligation under these Terms of Use which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Indemnity

You agree to indemnify and hold Edu, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Edu by any third party due to or arising out of or in connection with your use of the Site.

Limitation of Liability

Except where prohibited by law, in no event will Edu be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Edu has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Edu is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Edu’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service on the Site paid in the thirty days prior to the date of the initial claim made against Edu.

Violation of These Terms of Use

You agree that Edu may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site.

Edu reserves the right at all times to disclose any information that Edu deems necessary to comply with any applicable law, regulation, legal process, governmental request or complaint regarding your use of the Site.

You acknowledge and agree that Edu may preserve any transmittal or communication by you with Edu through the Site or any service offered on or through the Site, and may also disclose such data.

If Edu does take any legal action against you as a result of your violation of these Terms of Use, Edu will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Edu.

Dispute Resolution and Governing Law

If you and Edu are unable to resolve any dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Void Where Prohibited

Edu administers and operates the www.eduinc.org Site from its location in the United States; other Edu sites may be administered and operated from various locations outside the United States. Edu reserves the right to limit, in its sole discretion, the provision of the site to any geographic area.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Edu with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Edu with respect to such use are hereby superseded and cancelled.

Edu’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Edu of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Edu and you or any other party be deemed to modify any provision of these Terms of Use.

The information contained in this web site is subject to change without notice.

Copyright © 2013 Edu Inc. All rights reserved.

Updated by Edu Legal on March 1, 2013