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Educational Designers Terms and Conditions
for use of My SchoolhouseTM


Important On-Line Registration Notice:
By completing Educational Designers online enrollment procedure and/or by accessing any information, content, or software available in My Schoolhouse, you agree with and consent to the terms and conditions of this Agreement. You may view this Agreement at any time by returning to this Web page. This Agreement is subject to change by Educational Designers, LLC at any time, and changes are effective upon notice by electronic mail, conventional mail, or posting online.

  1. 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: support@myschoolhouse.com.
     

  2. 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.
     

  3. 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.

     
  4. 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 support@myschoolhouse.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: support@myschoolhouse.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.
     

  5. 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 support@myschoolhouse.com.
     

  6. 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.
     

  7. 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.
     

  8. 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.
     

  9. 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.
  10. 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.
     

  11. 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.


  12. 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 support@myschoolhouse.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.
     

  13. 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.

  14. 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