General Information
My Schoolhouse is defined as any information, software, or other content available via MySchoolhouse.com page of Educational Designers at http://www.myschoolhouse.com.
My Schoolhouse is an online learning center operated by Educational Designers, LLC, and is
available for access and use only by authorized individual subscribers who establish
individual subscriber accounts by agreeing with and consenting to be bound by the terms
and conditions of this Agreement (referred to as "Subscribers," "you,"
or "your").
If you have any questions regarding this Agreement or anything
else about Educational Designers, send electronic mail to: Myschoolhouse.online@gmail.com.
Changes to this Agreement and to My Schoolhouse
Educational Designers may modify this Agreement and its terms and conditions at any time
and in any manner. Any modification is effective immediately upon its posting online, its
posting to you by electronic mail, or its mailing to you by conventional mail. If you do
not agree with the terms and conditions of any modification, you may terminate your
Subscriber account as provided for in Section 5 of this Agreement. Otherwise, your
continued access to and use of My Schoolhouse following any modification to this Agreement
constitutes your express acknowledgment of the modification and your agreement to be bound
by it. Educational Designers may change or discontinue any portion, feature, or content
of My Schoolhouse at any time with or without notice to you. Likewise, Educational
Designers may at any time, with or without notice to you, restrict the use and
accessibility of the service as well as limit the duration and amount of use made of the
service. Educational Designers may also temporarily suspend or revoke your rights to
access and use My Schoolhouse based on Educational Designers belief or suspicion that your
use of the service exceeds or violates that permitted by this Agreement.
Educational Designers may raise or add new fees at any time, but any
such raised or added fees will not become effective until the completion
of a subscriber's subscription year.
Proprietary Rights
By registering for an account as a subscriber and/or
participating in any free activity offered on the Site, you acknowledge that all
information contained on My Schoolhouse is protected, in all forms and media, by
one or more valid copyrights, patents, trademarks, trade secrets, or other
proprietary rights, and that all such rights are owned by My Schoolhouse. You may not modify, publish. transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit this
information. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material. Neither these Myschoolhouse.com
materials nor any portion thereof may be stored in a computer except for
personal and non-commercial use. Myschoolhouse.com will not be held liable for
any delays, inaccuracies, errors or omissions there from or in the transmission
or delivery of all or any part thereof or for any damages arising from any of
the foregoing. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT ON THE
SITE CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND
CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS
AND TREATIES.
Subscriber Responsibilities
You are responsible for complying with all terms and conditions of this Agreement, any
modifications to this Agreement, and with any other rules and regulations of which
Educational Designers gives you notice. If you have any questions about compliance with
this Agreement, send your questions to us by electronic mail to Myschoolhouse.online@gmail.com and we will
respond as soon as possible. You are also responsible for obtaining and using all computer
hardware and software required for access to and for the use of My Schoolhouse.
As a
Subscriber with an account in your name, you are personally responsible for all uses of My
Schoolhouse accessed with your identification (or "ID"). Your responsibility
includes the payment of all fees and charges associated with the use of the service,
whether or not the use is made by you personally or by someone else using your ID. You are
responsible for protecting and securing your ID and password from unauthorized use and
disclosure. In the event that you become aware of or believe there has been any breach of
security for any of your information stored at Educational Designers, such as the theft or
unauthorized use of your ID, password, or any payment information, you agree to notify
Educational Designers immediately by electronic mail at: Myschoolhouse.online@gmail.com.
By becoming a Subscriber under this Agreement, you certify to Educational Designers
that you are an individual or public institution and are not a business . You also certify to
Educational Designers that you have and will continue to provide complete, accurate, and
current information required for becoming a Subscriber. This information includes, for
example; your name, address, telephone number, and applicable payment information such as
your credit card number and expiration date. You shall give notice to Educational
Designers within fifteen (15) days of any change in your Subscriber information. If you do
not comply in full with these requirements, Educational Designers reserves the right to
suspend, restrict, and/or terminate your right to access My Schoolhouse.
Payments and Fees
You are responsible for paying all fees and charges associated with access to and use of
My Schoolhouse made under your ID. All payments must be made in U.S. dollars. You may view
the current fees for accessing and using My Schoolhouse by visiting
http://www.myschoolhouse.com.You shall pay all sales, use,
value-added, personal property, or other taxes or levies imposed on you
for access to and use
of My Schoolhouse. All payments are due to Educational Designers upon receipt of
Educational Designers invoice by you. If Educational Designers does not receive payment in
full within thirty (30) days of its invoice to you, a late charge of one and one-half
percent (1.5%) (or the highest amount allowed by applicable law, whichever is lower) per
month will be added to your account and shall be due to Educational Designers. If
Educational Designers incurs attorney and collection fees connected with its efforts to
collect any unpaid amount due to it from you, you shall be liable for those fees.
Pricing. Current fees for using My Schoolhouse may be obtained by visiting
http://www.myschoolhouse.com.
Complaints. Any complaints regarding My Schoolhouse may be sent to Educational
Designers by electronic mail to Myschoolhouse.online@gmail.com.
Termination of Subscriber's Membership
Either Educational Designers or you may terminate this Agreement and
thus your rights to access My Schoolhouse at any time with cause. Termination by Educational Designers
shall be made by sending notice to you; termination by you shall be made by sending notice
to Educational Designers. You are liable for any fees or other charges incurred by you
until the actual termination of your rights to access My Schoolhouse. Educational
Designers shall not prorate any fees upon termination by either you or Educational
Designers.
Educational Designers may, at any time, in its sole and absolute discretion, and
without notice, terminate this Agreement and thus your rights to access My Schoolhouse, or
suspend your access to all or any part of My Schoolhouse, for any conduct or use that
Educational Designers believes is a violation of this Agreement or for any other conduct
that Educational Designers believes is harmful to other Subscribers or to My Schoolhouse
or the interests of Educational Designers.
License for Use of Educational Designers Software
You may not modify Educational Designers Software in any manner nor may you merge or
combine Educational Designers Software with any other work of any type. You also may not
reverse engineer, decompile, translate, disassemble, copy or make any derivative works
from Educational Designers Software. Educational Designers entire liability to you and
your sole and exclusive remedy regarding the use of Educational Designers Software shall
be permitting you to download
Educational Designers Software again. Educational Designers SOFTWARE IS PROVIDED
"AS-IS." Educational Designers MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR
IMPLIED, WITH RESPECT TO Educational Designers SOFTWARE AND Educational Designers
EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL Educational Designers BE LIABLE TO YOU OR ANY THIRD
PARTY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF ANTICIPATED REVENUE, LOSS OF
INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY
IN CONNECTION WITH, ARISING OUT OF OR AS A RESULT OF USE OF Educational Designers
SOFTWARE, EVEN IF Educational Designers IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES Educational Designers LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Use of My Schoolhouse's Curriculum Content
All material accessible through My Schoolhouse is copyrighted. You may not reproduce,
redistribute, or make derivative works from such material, in whole or in part, in any
manner, without the prior consent of Educational Designers.
You expressly acknowledge
and agree that My Schoolhouse contains information, software, animation, graphics, music,
sounds or other material (called "Materials") that are protected by copyrights,
trademarks, trade secrets or other proprietary rights, and that these rights are valid and
protected in all forms, media, and technologies existing now or developed later. Except as
may be otherwise provided for in this Agreement, you may not upload, post, reproduce, or
distribute any Materials protected by copyright or other proprietary right without
obtaining permission of Educational Designers.
Compliance with U.S. Export Requirements
This Agreement is made subject to any laws, regulations, orders, or other restrictions on
the export from the United States of America of certain materials, or of information about
such materials, which may be imposed from time to time by the Government of the United
States of America. Therefore, you will not transfer, directly or indirectly, by electronic
means or otherwise, any such materials or information derived from or pertaining thereto
to any country, or to any agent, representative, or foreign national of any country, for
which the Government of the United States of America or any agency thereof requires an
export license or other governmental approval at the time of export without first
obtaining such license or approval. Moreover, pursuant to current restrictions of the
United States of America, nationals of Cuba, Iran, Libya, North Korea, and Syria may not
use or access My Schoolhouse at this time.
Limitation of Liability and Disclaimer of Warranties
SUBSCRIBER EXPRESSLY AGREES THAT USE OF My Schoolhouse IS AT SUBSCRIBER'S SOLE RISK.
NEITHER Educational Designers, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, OR THE LIKE, WARRANT THAT My
Schoolhouse WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF My Schoolhouse.
My Schoolhouse AND ALL ITS
COMPONENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Educational Designers, ITS
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL SUBSCRIBER RELY ON
ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Educational Designers, ITS
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS, LICENSORS OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING My Schoolhouse SERVICE OR Educational Designers SOFTWARE, BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE My Schoolhouse INCLUDING, BUT NOT LIMITED TO, THOSE
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS,
DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO Educational Designers RECORDS, PROGRAMS OR SERVICES.
SUBSCRIBER ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL MATERIAL, CONTENT,
INFORMATION, OR SERVICES AVAILABLE THROUGH My Schoolhouse. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES Educational Designers LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, in no event shall the total liability of Educational
Designers, its directors, officers, shareholders, employees, affiliates, agents,
third-party content providers, licensors or the like, for all damages, losses and causes
of action whether in contract, tort, including negligence, or otherwise, either jointly or
severally, exceed the aggregate dollar amount paid by you to Educational Designers in the
twelve (12) months prior to the claimed injury or damage. The foregoing provisions of this
section are for the benefit of Educational Designers, its directors, officers,
shareholders, employees, affiliates, agents, third-party content providers, licensors or
the like, and each shall have the right to assert and enforce the provisions directly on
their own behalf.
Indemnification by Subscriber
Upon Educational Designers request, you agree to defend, indemnify, and hold harmless
Educational Designers, its directors, officers, shareholders, employees, affiliates,
agents, third-party content providers, licensors, licensees, or the like, from any claims
and expenses, including reasonable attorney's fees, related to any violation of this
Agreement by your use of My Schoolhouse.
Notices
Educational Designers shall give notice to you by electronic mail, by a posting on
Educational Designers Web site, or by conventional mail. Such notice by Educational
Designers shall be effective on the date that Educational Designers gives you notice as
specified in the preceding sentence. You shall give notice to Educational Designers by
electronic mail to Myschoolhouse.online@gmail.com
or such other electronic mail address as directed by Educational Designers. Such notice by
you shall be effective on the date that Educational Designers actually receives the
notice. A notice by you to Educational Designers will not change the terms of this
Agreement, or the terms of any Educational Designers rule or policy, unless the change is
expressly accepted in writing by a specifically authorized representative of Educational
Designers.
Demographic Information
Educational Designers reserves the right to collect and distribute demographic data about
you, but will not distribute any individual-specific information that would identify you
without your prior permission. This means that Educational Designers may use such
demographic data in aggregated form (so that no Subscriber is personally identifiable) to
assist in market evaluation and for other purposes as reasonably determined by Educational
Designers. Educational Designers may also sell or otherwise transfer or license such
demographic information so long as the identities of individual Subscribers are not
associated with the data.
Miscellaneous
If any provision of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of this Agreement which shall remain in full force and effect.
No
waiver by either Educational Designers or you of any term or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed a further
or continuing waiver of such term or condition, or a waiver of any other term or condition
of this Agreement. No course of conduct or trade practice shall modify this Agreement. Any
amendment or modification of this Agreement must be approved in writing by a duly
authorized representative of each party.
This Agreement constitutes the entire agreement between the parties with respect to
your use of My Schoolhouse. Headings in this Agreement are for convenience only and shall
have no legal meaning or effect.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Wisconsin, and the United States of America.
My SchoolhouseTM and Educational DesignersTM are trademarks and service marks owned by Educational
Designers, LLC
