Terms Of Use

Last Updated on April 7, 2021

If you opt in to receive text messages via our short code (41484) please refer to the additional SMS Short Code Terms and Conditions.

Welcome to our Web site (“EducationDynamics.com”)! This Site provides information about services offered by EducationDynamics, LLC.

Please read this User Agreement carefully, because by visiting or using this Site, you agree to be legally bound by and comply with its terms. If you do not agree to comply with this User Agreement, you are not authorized to use the Site.

We may revise this User Agreement from time to time, so please check this Web page each time you visit the Site. If you continue to use the Site after we post the change, this means you have agreed to the new terms.

Privacy Policy
Please review our Privacy Policy, which is a part of this User Agreement and describes how we handle any personally identifying information collected from visitors to this Site.

Suspected Violation of these Terms of Use
Violations of these Terms of Use, including unauthorized use of this site, may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. You understand and agree that in our sole discretion and for any reason whatsoever, or for no reason, and without prior notice, we may terminate your access to the site.

Intellectual Property
All material on or available through this site, including text, images, data, and illustrations, (collectively, the “Material”) is protected by U.S. and international copyright, trademark, and other intellectual property laws, and is owned, controlled, or licensed by EducationDynamics (“EDDY”). UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED. Provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use, EDDY grants you a personal, non-exclusive, non-assignable and non-transferable license to visit, view, and retain a copy of pages of this site for your own personal, non-commercial use only. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the Material or any information, material, software, products or services from this site. Moreover, you may not visit or use the site to appropriate EDDY’s trademarks or tradedress and/or to copy or imitate the “look and feel” of the site, or any portions thereof, for any reason.

Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this site. Nor will you use any manual process to monitor or copy the site or the content contained thereon for any unauthorized purpose without our prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the site.

Links, Frames, and Metatags
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Site by contacting us at:
EducationDynamics.com c/o EducationDynamics
111 River Street, 10th Floor, Hoboken, NJ 07030
You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates our Trademarks or our name without our express written consent.

Claims of Infringement
We respect the intellectual property of others and require that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, EDDY will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Deliver this Notice, with all items completed, to us at:
Compliance Department, c/o EducationDynamics, LLC, 111 River Street, 10th Floor, Hoboken, NJ 07030
While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright’s fair use doctrine to pay such costs and attorneys’ feels the company agreed to settle the matter at over $100,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ . Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

General Legal
Warranty Disclaimers

YOUR USE AND BROWSING OF THIS SITE IS SOLELY AT YOUR OWN RISK. THE SITE, AND EVERYTHING ON THIS SITE, INCLUDING THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EDDY.COM, ITS AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITATION, EDDY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR ITS SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, EDDY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ON ANY CO-BRANDED SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You will defend, indemnify, and hold EDDY, its affiliates and agents harmless from: (i) your use of and access of the site; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right including any copyright, trademark, tradedress, trade secret, or privacy right of content available on the site. This defense and indemnification obligation will survive these Terms of Use and your use of the site.

Limitation of Liability
IN NO EVENT WILL EDDY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL EDDY’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.

Termination
The Terms of Use and/or site may be terminated by EDDY for any reason (or for no reason) at any time without notice. In the event of termination, you are no longer authorized to access the site and all limitations on EDDY’s liability regarding your use of the site and any Forum Content you post will survive.

Contact EducationDynamics
If you have questions, please contact us at [email protected] . Please include the words, “Terms of Use” in the subject line of your e-mail.

General
These Terms of Use will be governed by the laws of the state of New Jersey without respect to its conflict of laws provision. Any claim or dispute between you and this Site that arises in whole or in part from this site will be decided exclusively by a court of competent jurisdiction located in Hudson County, New Jersey. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining this site, but make no representation that Materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk. Any other legal notices published by us on this site constitute the entire agreement between you and EDDY concerning this site. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Terms of Use shall govern such use. Our failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

SMS Short Code Terms and Conditions

1. By texting a keyword to short code 41484, you consent to receive one or more automated texts at the phone number from which you texted.

2. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.

3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us. This data will never be sold or shared with third parties or affiliates.

4. By subscribing, you consent to receive text messages including alerts and updates. Up to 3 messages / month.

5. By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.

6. To cancel your SMS subscriptions, text STOP to 41484 in reply to a text message you receive. You may receive a subsequent message confirming your opt-out request.

7. For additional help, text HELP to 41484 in reply to a text message you receive.

8. Message and Data Rates May Apply.

9. T-Mobile® is not liable for delayed or undelivered messages.

10. United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.

11. Program Availability: Currently, the Program is only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Program from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

Questions/Support: You can contact us at [email protected] at any time, from your mobile phone, send a text message with the word “HELP” to 41484. You may also call our toll free support line: 888.567.2008

Last Updated on 04/07/2021 These Terms of Use are effective immediately for all users.