Terms of Use - EdChoice
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Terms of Use

Terms of Use

These Terms of Use (the “Terms”) set forth the terms and conditions governing your access to and use of www.edchoice.org website and its subdomains (the “Site”) and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site (collectively, the “Content”).  By accessing or using the Site you agree to be bound by the Terms.  Your access to and use of the Site are conditioned on your acceptance of and compliance with the Terms. These Terms are an agreement between you and EdChoice, Inc. (“EdChoice,” “we,” “us”).

In these Terms, “you” or “your” refers to any user of the Site.

 

Privacy Policy

We are committed to protecting the privacy of the information you submit through the Site.  Please review our Privacy Policy, for details about how we collect, use, and disclose your information in connection with your use of our Site.  By using our Site, you agree to the terms of our Privacy Policy.

Intellectual Property

The Site is protected by intellectual property rights and laws of the United States and other applicable countries.  You agree to abide by all applicable proprietary rights and laws.  The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of EdChoice or are duly licensed for use on the Site.

You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Site for commercial or public purposes in a manner that violates these Terms.

Subject to your compliance with the Terms, EdChoice grants you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site for your personal use.  The information in the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EdChoice. Notwithstanding the foregoing, EdChoice grants you permission to use original EdChoice (F.K.A. the Friedman Foundation for Educational Choice) information and research provided that you properly cite EdChoice as the source of the information or research. Any unauthorized use of the Site shall automatically terminate the license granted to you by EdChoice for all legitimate uses of the Site.

Apart from personally identifiable information, as described in our Privacy Policy, any and all communications or materials you send to the Site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary.  By submitting material to us, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material.  We are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing and marketing products and services.

Site Submissions

You may input or upload personally identifiable information to our Site, including demographics, contact information, and other information.  EdChoice is not responsible or liable for your conduct, whether online or offline, with respect to the information you submit through the Site.

You are prohibited from using this Site to transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct.  We may from time to time monitor or review material transmitted or posted using this Site, and we reserve the right to delete any material that we deem inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted using this Site.

You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site. You agree that EdChoice may terminate your use of the Site in its sole discretion for any reason.  Further, you agree that EdChoice reserves the right to remove or edit the Content in its sole discretion.

No Endorsement

From time to time, we may include links to websites belonging to third-party organizations, which may include lobby groups, on the Site.  By including links to third-party websites, we do not endorse or make any representations or warranties concerning the third parties, their activities, or the services they provide.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.  INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Indemnification

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.  NEITHER EDCHOICE, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “EDCHOICE ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE AND SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE AND SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF WE OR AN EDCHOICE ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH EDCHOICE IS TO STOP USING THE SITE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EDCHOICE AND EDCHOICE ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN EDCHOICE AND YOU.

Right of Modification and Termination

We may at any time revise the Terms by updating this posting.  You are bound by such revisions and should therefore periodically visit this page to review the current Terms.  Further, EdChoice reserves the right, without notice and for any reason, to remove any content on the Site and to deny access of any user to all or any part of the Site.  You may terminate your agreement to these Terms by ceasing to use our Site.

We reserve the right, without notice and for any reason, to remove any Content on the Site, correct any errors, inaccuracies, or omissions in any Content on the Site, change or update any Content on the Site, and to deny access of any user(s) to all or any part of the Site.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Applicable Law

These Terms and the relationship between you and EdChoice will be governed by and construed under the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that EdChoice may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.

General Information

Any failure by EdChoice to enforce any of its rights under the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, EdChoice, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms provisions shall retain their full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EdChoice as a result of this agreement or use of the Site. EdChoice’s performance of the agreement under these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EdChoice’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EdChoice with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 remainder of the agreement shall continue in effect.

Entire Agreement

These Terms constitutes the entire agreement between you and EdChoice with respect to the Site, and the Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EdChoice with respect to the Site. Any rights not expressly granted herein are reserved.

Questions and Feedback

If you have any questions about these Terms, our Site, or your dealings with EdChoice, please contact us at:

EdChoice

111 Monument Circle, Suite 2650

Indianapolis, IN 46204

Media@edchoice.org

We welcome your questions and feedback.

 

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