Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE, WWW.EDUPORIUM.COM (THE "SITE") OWNED AND OPERATED BY FOR YOUR STUDENT, INC. ("FORYOURSTUDENT"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information about this Legal Contract
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and ForYourStudent. By visiting, browsing, shopping, accessing or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by ForYourStudent from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by ForYourStudent from its offices within the United States. ForYourStudent makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Massachusetts without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Middlesex County, Massachusetts to hear any such claims.
Purchase and Use of Academically Discounted Products
When you buy a product (software or hardware) from For Your Student that is offered at an academic (educational) discount, you agree that:
- You are a student, a parent (guardian) of a student, or a faculty member at the school that you specified;
- You will use this product strictly for your own personal (not business) purposes;
- You will not resell this product or any license relating thereto.
Access, Interference and Linking
ForYourStudent grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of ForYourStudent.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission or arrangement by ForYourStudent; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates all licenses and rights granted by ForYourStudent herein, which licenses and rights may be revoked by ForYourStudent in any event at any time without notice.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray ForYourStudent, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ForYourStudent logo or other proprietary graphic or trademark as part of the link without express written permission of ForYourStudent.
ForYourStudent does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by ForYourStudent or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ForYourStudent or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without ForYourStudent's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TRADEMARKS/SERVICE MARKS CONTAINED ON THE SITE ARE TRADEMARKS/SERVICE MARKS OR REGISTERED TRADEMARKS/SERVICE MARKS OF FORYOURSTUDENT IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, SERVICE MARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS/SERVICE MARKS OR REGISTERED TRADEMARKS/SERVICE MARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, SERVICE MARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE SITE.
ForYourStudent is not responsible for any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software, including without limitation any injury or damage to any person's computer or video equipment relating to or resulting from using the Site or receiving our services; inability to access the Site and services, or any web pages that are part of or related to the Site; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or web site or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof. ForYourStudent is not responsible for or with respect to any products or services purchased or received through the Site.
Disclaimer of Warranties
THE SITE AND OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FORYOURSTUDENT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE AND SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND SERVICES; (D) ANY SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE AND/OR (F) ANY PRODUCTS OR SERVICES PURCHASED OR RECEIVED THROUGH THE SITE. FORYOURSTUDENT DOES NOT WARRANT THAT THE SITE OR SERVICES, ANY OF THE SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORYOURSTUDENT, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SITE AND SERVICES, INCLUDING PRODUCTS AND SERVICES PURCHASED OR RECEIVED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. FURTHER, FORYOURSTUDENT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FORYOURSTUDENT, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES,, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON THIS SITE, EVEN IF FORYOURSTUDENT OR A FORYOURSTUDENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless ForYourStudent, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and our services; (ii) your violation of any term of this User Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with ForYourStudent, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS USER AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Notwithstanding any choice of law provision included in this User Agreement, this User Agreement is subject to the Federal Arbitration Act (9 U.S.C. A§A§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. A§A§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the act and if any In-person hearing is required, it shall be held in Middlesex, Massachusetts. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Account and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. ForYourStudent reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to ForYourStudent
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ForYourStudent for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ForYourStudent is free to use any ideas, suggestions, concepts, know-how, or techniques contained in any communication you send to ForYourStudent or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information, and you hereby assign all rights to all such ideas, suggestions, concepts, know-how, or techniques contained in any communication to ForYourStudent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact: Legal@eduporium.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site. That is your only remedy.