Terms and Conditions of Use
Your access to and use of the data and services accessed via www.edukidsconnectsystems.com (the “Services”), provided to you by Edukids Connect Systems, LLC, its subsidiaries and/or affiliates (the “Company”, “we,” "us," or “our”), is subject
to the following Terms and Conditions of Use (“User Agreement”), including the Disclaimers and Limitation of Liability set forth below.
YOU ARE REQUESTED TO READ THESE TERMS AND CONDITIONS OF USE AND TO ACKNOWLEDGE BELOW THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, CLICK
Section 1. Reservation of Rights
We reserve all rights not expressly granted to you, including, but not limited to the right, at our sole discretion, at any time and without notice, to revise the terms, conditions, and notices under which the Services are offered, including
but not limited to the charges associated with the use of the Services. We will post a notice of revision on our home page whenever we revise this User Agreement. Each such revision will be effective as of the date the notice of revision is
posted. We may, at our sole discretion, send email notification of any such revisions to you if you are a registered user; but nonetheless, you remain responsible for regularly reviewing the terms of this User Agreement. Your use of the Services
on or after the effective date of a revision constitutes your consent to the terms of the revision.
Section 2. Use of the Site
You may only use the Services in accordance with the terms and conditions of this User Agreement and all applicable laws, rules, and regulations. In the event we believe that you have failed to comply with all terms applicable to your use of
the Services, you agree that we have the right, in our sole discretion and without notice, to terminate your account and prohibit you from accessing the Edukids website and from using the Services. We may also, in our sole discretion and at
any time, discontinue the Service, or any part thereof, or your ability to access the Edukids website, with or without notice. You agree that you do not have any rights in the Edukids website and that we will have no liability to you if the
Services are discontinued or your ability to access the Edukids website or use the Services is terminated, except as provided in this User Agreement.
The Services may be used only for the purpose of your internal affairs, the conduct of your business, or providing services to your clients.
Section 3. Registration and Password
In order to be eligible to access all of the Edukids website and use all of the Services, you must first complete a registration. At registration, besides being asked for the name of the associated school, you will be asked to provide username
and a password. You must take appropriate steps to safeguard your username and password. You agree to maintain as personal and confidential your username and password. You are prohibited from transferring or sharing your username and from
revealing your password to any other person. Any violation of the foregoing shall result in an immediate termination of your access rights to the Edukids website and the use of the Services, as well as result in liability to us for all damages
resulting from your breach. It is your sole responsibility to protect your password from unauthorized use. You are responsible for any acts committed by any person who uses your password, regardless of whether such use is authorized, and you
promise to indemnify us and hold us harmless from any cost or other liability of any kind that we may incur as a result of unauthorized use of your password. If at any time you believe that an unauthorized person may have knowledge of your
password, you should immediately change your password and notify us.
Section 4. Fees for Services
A. Client Schools
Each school who has executed an agreement with Us (a “Subscriber School”) will be invoiced directly via mail or electronically on a monthly basis for the use of the Services. The terms of their use will be detailed in the Client Agreement.
B. Individual Teachers, School Administration and Parents
Individual teachers, school administrations and parents will not pay a separate charge for use of the Services but will rather be included in the fee paid by the Client School with which they are associated.
Section 5. Term and Termination
This User Agreement is effective until terminated. This User Agreement will terminate automatically without any notice from us if you fail to comply with any of the terms or conditions of this User Agreement. Upon termination for such cause,
you shall no longer be permitted access to the Edukids website and your username shall be deactivated. Termination for such cause shall not affect our entitlement to any amount due hereunder, and you shall not be entitled to any refund of
any portion of the fees paid in connection with the use of the Edukids website or our Services.
Section 6. Copyright and Intellectual Property
The data and services available at the Edukids website, as well as any enhancements, modifications, improvements, revisions, new releases, and updates thereto, including, without limitation, the structuring, indexing, sequencing and organizing
thereof, and all other elements of, or aspects related thereto, such as, by way of example and not limitation, data fields, methods of processing, specific design and structure, the interaction of documents contained therein and unique design
techniques employed therein as well as document storage and quality assurance methodologies, are the valuable, confidential, copyrighted and trade secret property of us or third parties who have contributed thereto. We own all right, title
and interest in and the data and services available at the Edukids website, including without limitation, all ancillary and interface software, all current and future enhancements, modifications, revisions, new releases and updates thereof
and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets and patents therein.
Thus, except as allowed by applicable law and as expressly permitted in this User Agreement, you may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit any portion of the Edukids website unless we have provided
you with express written permission to do so. You may be liable for copyright infringement if you copy any content without such permission.
You shall maintain the data and services available at the Edukids website in confidence and shall not disclose the same to any third party except as expressly permitted in this User Agreement. You may print data retrieved from the Edukids website
to the extent permitted under the "fair use" provisions of the Copyright Act of 1976 (17 U.S.C. Sec. 107. You agree to comply with all applicable conventions regarding copyright and source of material attribution.
You acknowledge that data or services available at Edukids constitute valuable and proprietary property of the Company or of third parties who have contributed to the development of data or services. If you wish to use the data or services in
any manner not expressly permitted by this User Agreement, you agree to first request permission from us by emailing us a request letter with a description of the intended use. You will not use the data or services until you have received
a letter from us approving your request. We may require you to pay an additional fee prior to our approval to your request.
Section 8. Privacy Statement
All the personal information that you provide when registering to use Edukids is protected by our Privacy Statement which is incorporated into this User Agreement. As indicated in our Privacy Statement, we will not provide your personal information
to any unaffiliated third party except as required by law. You should review our Privacy Statement regarding the collection and use of any personal information provided by you.
Section 9. Linked Sites
The Edukids website may contain links to third party websites ("Linked Sites"). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with
its operators. We assume no responsibility and are not liable for (a) the truth, accuracy, completeness, usefulness or legality of any advertisements, information, products or services on any Linked Site; (b) monitoring any information residing
on or transmitted to or from the Linked Site; (c) determining whether or not persons who advertise on any Linked Site are properly licensed for their profession or trade; (d) the use on any Linked Site of any trademarks, copyrights or other
rights of third parties; or (e) any viruses, worms, cancelbots, trojan horses or other harmful components or defects that may be found at any Linked Site.
at such Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions.
Section 10. Customer Responsibilities
As a condition of your use of the Edukids website and the Services, you agree not to use the Edukids website for any purpose that is unlawful or prohibited by this User Agreement. You agree not to use the Edukids website in any manner which
could damage, disable, overburden, or impair the Edukids website or restrict, inhibit or otherwise interfere with any other party's use of the Edukids website. You agree not to attempt to gain unauthorized access to the Edukids website, other
accounts, computer systems or networks connected to Edukids, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available
through the Edukids website, including without limitation through the use of data mining, automated programs, robots, spiders, crawlers, or similar data gathering and/or extraction tools.
Section 11. Disclaimers
YOU ASSUME THE SOLE RISK OF YOUR USE OF THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EDUKIDS WEB SITE.
We disclaim any warranty that (i) the Services will meet your requirements, (ii) the Edukids website’s operation will be uninterrupted, timely, secure, or error-free, (iii) any information or communication that may be obtained from the use of
the Edukids website will be accurate or reliable, and (iv) the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Edukids website will meet your expectations.
The Services and information available through the Edukids website are provided to you on an “as is” and “as available” basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because the Services and the Edukids website are provided to you “AS IS,” we shall not be liable to you or to any third party for any data
conversion or formatting errors resulting from use of Edukids tools and utilities or any delay in delivery of, or failure to deliver, any communications or other information you submit using the Edukids website. The data and services included
in or available through the Edukids website may include inaccuracies or typographical errors. Because the Services and the Edukids website are provided to you “AS AVAILABLE,” we shall not be liable to you or to any third party for any modification,
interruption, suspension, or discontinuance of the Services or of your ability to access the Edukids website.
You assume the full responsibility and sole risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials from the Edukids website. We shall have no liability for any
damage to your computer, including loss of data that results from your downloading any such materials.
Section 12. Indemnification
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, managers, members, employees, independent and sub-contractors, agents, representatives, successors
and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’
fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Edukids website,
your use of the Services, your filing, your unauthorized use of content obtained on or through the Edukids website, breach or alleged breach of this User Agreement, or from any of your acts or omissions in connection with the use of the Edukids
website or the Services.
Section 13. Limitation of Liability
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE EDUKIDS WEBSITE AND/OR SERVICES, REGARDLESS OF CAUSE. YOU FURTHER AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM YOU MAY HAVE
AGAINST US, REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL BE THE RETURN OF THE FEES PAID BY YOU FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. UNDER NO CIRCUMSTANCEES SHALL WE BE LIABLE FOR ANY CLAIM BY ANY THIRD PARTY. THIS
LIMITATION OF LIABILITY SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW.
Section 14. No Agency, Joint Venture or Employment.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this User Agreement or the use of the Edukids website.
Section 15. Force Majeure
We will not be considered to have breached this User Agreement to the extent that performance of our obligations is prevented, interrupted or delayed due to causes beyond our reasonable control such as acts of God, acts of any government, war
or other hostilities, the elements, fire, explosion, power failure, telecommunications failure, industrial or labor dispute, inability to obtain supplies and the like, or breakdown of equipment or any other causes beyond our control.
Section 16. Entire User Agreement
This User Agreement constitutes the entire agreement between the parties with respect to the Edukids website and the Services.
Section 17. Waiver
Failure of either party to insist upon strict performance of any provision of this User Agreement or the failure of either party to exercise any right or remedy to which it is entitled under this User Agreement shall not constitute a waiver
of any such term, condition or covenant under this User Agreement and shall not cause a diminution of the obligations under this User Agreement. No waiver of any of the provisions of this or any User Agreement shall be effective unless it
is expressly stated to be such and signed by both parties.
Section 18. Disputes and Jurisdiction
The Edukids website and the Services are based in the United States. The Edukids website is not designed, customized or intended for, or directed to, any other country. When you choose to access or visit the Edukids website and/or use the Services,
you do so on your own initiative and you are solely responsible for compliance with local laws if and to the extent local laws are applicable.
You agree that in the event of any dispute, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event
of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury.
You agree that regardless of any applicable law to the contrary, you shall not be entitled to file a claim or cause of action arising out of or related to the Edukids website, the Services or this User Agreement more than one (1) year after
such claim or cause of action arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
You agree that, regardless of where you access or visit the Edukids website or use the Services, all issues concerning the construction, validity, interpretation and enforceability of the User Agreement shall be governed and construed in accordance
with the laws of the United States and the State of New Jersey, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in New Jersey,
and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. If there is a conflict between the laws of New Jersey and any other laws, the conflict will be resolved in favor of the laws
of New Jersey. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.
If a court of competent jurisdiction finds that any provision of this User Agreement is invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the
remainder of the User Agreement will continue to be valid and enforceable in full force and effect.
Section 19. Notice
The communications between us is usually by electronic means, whether you access, visit or use the Edukids website, send us messages, or whether we post notices on the Edukids website or communicate with you via messaging. For contractual purposes,
you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications
would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so apply to all of your interactions and transactions with us.
You understand and agree that registering with the Edukids website and using the Services will result in your receiving certain communications from us, such as transactional or relationship messages regarding your account or the Services and
that these communications are considered part of your account and you may not be able to opt out of receiving them without ceasing to be a registered user of the Edukids website.
By clicking the "I accept the terms and conditions." checkbox, you agree to the terms and conditions of this User Agreement, as it may be amended from time to time. You are advised to periodically visit this page to determine the then-current
terms of this User Agreement.