Educeri Terms of Use

Overview

Welcome to Educeri! We are a subscription service that provides our subscribers with lesson plans and other educational curriculum resources streamed over the Internet to certain Internet-connected web browsers.

These Terms of Use govern your use of our service. As used in these Terms of Use, "Educeri service," "our service," “lesson service,” or "the service" means the service provided by DW Educational Research, Inc. (DW), for discovering and teaching lesson plans, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with DW (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Educeri ready devices, you may need to visit www.educeri.com/termsofuse to review these hyperlinked terms.

  1. Acceptance of Terms of Use

    1. These Terms of Use, which include our Privacy Policy (www.educeri.com/privacypolicy) and About Cookies and Internet Advertising (www.educeri.com/privacypolicy#cookies), govern your use of the Educeri service. By using, visiting, or browsing the Educeri service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Educeri service.
    2. The Educeri service is provided by DW Educational Research, Inc. (DW)
    3. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
  2. Changes to Terms of Use.

    DW may, from time to time, change these Terms of Use, including the Privacy Policy, and will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

  3. Privacy.

    Personally identifying information is subject to our Privacy Policy (www.educeri.com/privacypolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

  4. Communication Preferences.

    By using the Educeri service, you consent to receiving electronic communications from DW relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Educeri service, or in the "My Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with DW. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Educeri features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "My Account" page of our website to manage your DW communications. Please review our Privacy Policy (www.educeri.com/privacypolicy) for further detail on our marketing communications.

  5. Subscription, Free Trials, Billing and Cancellation

    1. Subscription

      1. Ongoing Subscription.

        Your Educeri subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Educeri service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

      2. Differing Subscriptions.

        promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Educeri by visiting our website and clicking on the "My Account" link. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

    2. Free Trials

      1. Your Educeri subscription may start with a free trial. The free trial period of your subscription may last for no more than one month, as specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. DW reserves the right, in its absolute discretion, to determine your free trial eligibility.

      2. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit our website and click the "View billing details" link on the "My Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

      3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY EDUCERI WEB PAGE (www.educeri.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.

    3. Billing

      1. Recurring Billing.

        By starting your Educeri subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Educeri service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

      2. Price Changes.

        We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you

      3. Billing Cycle.

        The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Educeri subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. Visit our website and click on the "View billing details" link on the "My Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

      4. No Refunds.

        PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

      5. Payment Methods.

        You may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Educeri website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel My Account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

      6. Cancellation.

        You may cancel your Educeri subscription at any time, and you will continue to have access to the Educeri service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "My Account" page on our website and follow the instructions for cancellation. If you cancel your subscription, My Account will automatically close at the end of your current billing period. To see when My Account will close, click "View billing details" on the "My Account" page.

  6. Educeri Service

    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the Educeri service.

    2. The Educeri service, and any content viewed through our service, is for your personal and non-commercial use only. During your Educeri subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Educeri service and view lessons and educational curriculum resources through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances

    3. We continually update the Educeri service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of lessons, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

    4. You agree to use the Educeri service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Educeri service without express written permission from DW and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Educeri service; use any robot, spider, scraper or other automated means to access the Educeri service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Educeri service; insert any code or product or manipulate the content of the Educeri service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Educeri service, including any software viruses or any other computer code, files or programs.

    5. The availability of lessons to use will change from time to time, and from country to country. The quality of the display of the streaming lessons may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. DW makes no representations or warranties about the quality of your teaching experience on your display. The time it takes to begin using a lesson will vary based on a number of factors, including your location, available bandwidth at the time, the lesson you have selected and the configuration of your Educeri ready device.

    6. Educeri streaming software is developed by, or for, DW and is designed to enable streaming of content from Educeri through Educeri ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE EDUCERI SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Educeri service. If your Educeri ready device is sold, lost or stolen, please deactivate the Educeri ready device. If you fail to log out or deactivate your device, subsequent users may access the Educeri service through My Account and may be able to access certain of My Account information. To deactivate a device, follow instructions on the "My Account" page of our website.

    7. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

    8. User Conduct.

      The Educeri.com site is owned and operated by DW and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of Educeri.com are the property of DW and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Educeri.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of DW 's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

      Any informational materials provided on Educeri.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, DW makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Educeri.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

      Derogatory, harmful or unlawful conduct is not permitted on Educeri.com. Users are not permitted to upload to, distribute through, or otherwise publish through Educeri.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on Educeri.com. Unauthorized collection and/or use of email addresses via Educeri.com is also not allowed. DW reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. DW intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

      Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of Educeri.com. Please be sure that any such information is information that you are comfortable sharing with the public.

      Users are solely responsible for the content of their messages including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on Educeri.com. DW is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Educeri.com including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on Educeri.com. You acknowledge that DW may or may not prescreen and/or monitor content posted on Educeri.com, and that DW shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on Educeri.com at any time for any reason, in DW’s sole discretion.

      You hereby agree to comply with all laws that apply or may apply to your use of or activities on Educeri.com and any rules for conduct on Educeri.com or use of specific features and/or services offered thereon that may be posted on Educeri.com, whether in these terms of use or otherwise, from time to time.

    9. Alleged Violations. DW reserves the right to terminate your use of the Service and/or the Site. To ensure that DW provides a high quality experience for you and for other users of the Site and the Service, you agree that DW or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. DW does not intend to disclose the existence or occurrence of such an investigation unless required by law, but DW reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if DW believes that you have violated any of the Terms of Use, furnished DW with false or misleading information, or interfered with use of the Site or the Service by others.

    10. No Personal Advice. Any informational materials provided on Educeri.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, DW makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Educeri.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

  7. Passwords & Account Access

    1. The subscriber who created the Educeri account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Educeri account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DW Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to My Account.

    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Educeri website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DW reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DW is not obligated to credit or discount a subscription for holds placed on the account by either a representative of DW or by the automated processes of Educeri.

  8. Disclaimers of Warranties and Limitations on Liability

    1. DW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO EDUCERI.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." DW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO EDUCERI.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. DW DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON EDUCERI.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT EDUCERI.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF EDUCERI.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. DW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON EDUCERI.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DW) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

      TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DW, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DW BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON EDUCERI.COM, EVEN IF DW OR A DW AUTHORIZED REPRESENTATIVE HAS 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 SHALL DW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING EDUCERI.COM.

    2. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING EDUCERI.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    5. Affiliated Sites. DW has no control over, and no liability for any third party websites or materials. DW works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither DW nor the Site has control over the content and performance of these partner and affiliate sites, DW makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and DW assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that DW makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

    6. Prohibited Uses. DW imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DW in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

  9. Indemnification.

    By using Educeri.com, you agree to indemnify, defend and hold harmless DW from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Educeri.com; or (3) any material uploaded by you or through your computer to Educeri.com or otherwise sent by you to DW. You will cooperate as fully and reasonably as required by DW in the defense of any claim. DW reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of DW.

  10. Promotions.

    Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by DW in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

  11. Intellectual Property.

    The Educeri.com site is owned and operated by DW and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the DW service and the contents of Educeri.com are the property of DW and are protected, without limitation, pursuant to U.S. and foreign copyright, trade secret and other intellectual property laws. DW is a trademark of DW Educational Research, Inc. No material from Educeri.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of DW 's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

    When accessing the Site or using the Educeri Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

  12. Governing Law

    These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of law’s provisions. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

    Educeri.com is controlled and operated by DW from its offices in California, United States of America. DW makes no representation that materials on Educeri.com are appropriate or available for use in other locations. Those who choose to access Educeri.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from Educeri.com may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

    You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

  13. Applications.

    You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Educeri service. These Applications may import data related to your Educeri account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and DW is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY DW AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

  14. Use of Information Submitted.

    DW is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Content"), including responses to questionnaires or through postings to the Educeri service, including the Educeri website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Educeri service. In addition, you agree not to enforce any "moral rights" in and to the User Content, to the extent permitted by applicable law. You hereby grant DW and its agents and licensees a worldwide, royalty free, fully paid, perpetual, nonexclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any User Content or other material you upload to, distribute through or post on Educeri.com, including without limitation via message boards, chat rooms and/or blogs or any other features on Educeri.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised. You will not be compensated for any User Content. You agree that DW may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Please note DW does not accept unsolicited materials or ideas for lessons or curricula, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DW. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DW and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  15. Arbitration Agreement

    1. If you are a Educeri subscriber in the United States (including its possessions and territories), you and DW agree that any dispute, claim or controversy arising out of or relating in any way to the Educeri service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DW are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Educeri subscription.

    2. If you elect to seek arbitration or file a small claim court action, you must first send to DW, by certified mail, a written Notice of your claim ("Notice"). The Notice to DW must be addressed to: Educeri c/o DW Educational Resources, Inc. 116 S. 7th Street, Fowler, California 93625 ("Notice Address"). If DW initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by DW, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If DW and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DW may commence an arbitration proceeding or file a claim in small claims court.

    3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after DW receives notice at the Notice Address that you have commenced arbitration, DW will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

    4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 18007787879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless DW and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of DW’s last written settlement offer made before an arbitrator was selected (or if DW did not make a settlement offer before an arbitrator was selected), then DW will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

    6. YOU AND DW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS SUBSCRIBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DW agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

  16. Severability; Waiver.

    If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  17. No License.

    Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by DW or by any third party.

  18. California Use Only.

    The Site is controlled and operated by DW from its offices in the State of California. DW makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as DW's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

  19. Modifications.

    DW may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. DW shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.