Last Updated: December 13, 2024
1. You agree to these Terms.
EdCompass, LLC, and its affiliates (collectively, “Company,” “we,” “our” and “us”) provide the websites and products offered by or through one or more of them (“Online Services”) subject to these Terms of Use (“Terms”). These Terms apply to websites, products, and services where posted by us.
Please read these Terms carefully before you access or use our Online Services. When you access or use our Online Services, you are agreeing to be bound by these Terms, as amended from time to time, as well as our Privacy Policy, which is incorporated by reference into these Terms. If you do not wish to agree to these Terms, do not access or use our Online Services.
2. We may revise these Terms.
We may change these Terms at any time by posting changes to the Online Services, or on a website that replaces them, prior to the change becoming effective, or by notifying you via your account or by email prior to the effective date of the change. You agree to be bound by any changes to these Terms thirty days after they are revised or when you use the Online Services after any such change is posted, whichever is sooner. We may revise the Online Services at any time without notice.
3. You authorize us to access your information.
You grant to us an irrevocable, worldwide, royalty-free license to any information you provide through the Online Services. You authorize us to use this information, content, or other information to provide the Online Services, or for other permissible business purposes, at no cost to us.
4. You make representations to us.
You represent that you have the power and authority to enter into these Terms; you are at least 18 years of age or the age of majority in your jurisdiction, if older; all information you provide to us is accurate and complete; you will keep your account information secure, if you access our Site on behalf of an organization, your organization is bound by and liable under these Terms; you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; you are not listed on any U.S. Government list of prohibited or restricted parties.
5. We disclaim all warranties to you.
The Online Services are provided as is or as available. We, including any person associated with us, disclaims all warranties of any kind about Online Services, including relating to their quality, accuracy, or availability.
We disclaim all warranties of any kind, either expressed or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy with regard to any website owned by a third party to which or from which the site is linked (“Linked Website”). We do not endorse and are not responsible for the capabilities, quality, content, or reliability of any product or service obtained from a Linked Website. Your use of Linked Websites is at your own risk and subject to the terms for such websites.
Without limiting the foregoing, neither we nor anyone associated with us warrants or represents that the Online Services will be accurate, reliable, error-free, timely, secure, complete, available, or uninterrupted or meet your requirements; that defects will be corrected; that the Online Services or the server that makes them available are free of viruses or other harmful components; that the Online Services, including the quality of any products, services, information, or other material, will otherwise meet your needs or expectations; or that any errors will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
6. We limit our liability to you.
To the extent permitted by law, in no event will we or our licensors, service providers, employees, officers, directors, or contractors be liable for any damages of any kind, under any theory or law or equity, arising out of or in connection with your use of, or inability to use our Online Services or any Linked Website, including any direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
This limitation of liability includes, without limitation, personal injury, lost profits, goodwill, data, or other losses, costs of obtaining substitute service or lost opportunity, or damages resulting from delay, interruption in service, mechanic or electronic equipment failure, failure of communication lines, telephone, or other interconnects, unauthorized use or access to or alteration of your transmission of data, theft, operational errors, strikes or other labor problems, statements or conduct of anyone on the site, any force majeure event, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in Online Services, whether or not we have been negligent or been advised of the possibility of any such damages.
Regardless of the limitation of liability disclaimers in this section, if we are found to be liable, our liability to you or any third party is limited to $100.
Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the above exclusions may not apply to you.
7. We prohibit certain, illegal conduct.
You agree not to do any of the following:
Accessing the Online Services from territories where their contents are illegal or unlawful is prohibited.
8. You agree to indemnify us.
You agree, at your own expense, to defend, indemnify and hold us, our third party-service providers, and their officers, directors, and employees, harmless from any claim or demand (including reasonable legal fees) arising out of or relating to your access to, or use of the Online Services. This includes your breach of these Terms, your violation of applicable laws, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or your violation of any rights of any third party. You are solely responsible for your use or access to the Online Services. You are solely responsible for the security and confidentiality of your login credentials, preventing unauthorized access to your information or your use of the Online Services, and all activities that occur under your account.
Your failure to comply with the provisions of this Section may result in the termination of your access to the Online Services and may expose you to civil or criminal liability.
9. Online Services may contain errors.
Online Services, including prices and descriptions of products, may contain errors, including, without limitation, medical errors. We may revise, change, suspend, or discontinue Online Services, including prices and descriptions of products, all or any portion of the Online Services.
10. You agree to respect our intellectual property rights.
You will not use the names, logos, colors, trademarks, service marks, photographs, trade dress, or other identifying features of EdCompass, LLC without obtaining our specific prior written approval and respect our intellectual property rights.
Our Online Services and the content contained on our Online Services (the “Content”) are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Online Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Online Services and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
You should assume that everything you see or read on the Online Services is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Online Services will not infringe the rights of third parties. Content displayed on the Online Services is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Online Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Nothing contained on the Company’s Online Services should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Online Services without the written permission of the Company or such third party that may own a trademark displayed on the Online Services. Your misuse of the Company’s trademarks displayed on the Online Services, or any other Content, except as provided herein, is strictly prohibited.
Any Content you create or own or to which you have a license and use on the Online Services is Your Content. In sharing Your Content on the Online Services, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Online Services as described in these Terms and in any posted policies on the Online Services.
You are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Online Services. Any unauthorized use of such intellectual property may result in irreparable injury for which money damages may be inadequate. In the event of any such unauthorized use, the Company or the applicable intellectual property owner may, in addition to other remedies available at law and in equity, obtain immediate injunctive relief to prevent any such unauthorized use.
11. You authorize payments, and those payments are final.
Where your interactions with Company require you to make a payment, you hereby authorize us to bill you using the payment information you provided to us along with any sales, uses, or similar tax and any other applicable, required fees. You represent that you have the legal right to use any credit or debit card or other payment method you provide us. We may place a temporary payment authorization hold on your payment method at the start of, or in preparation for, the delivery for our Online Services, which may not be the final amount charged to you. We may cancel your order, subscription, service, or Online Services if we are unable to successfully charge your payment method.
We may use available card information updater services from card associations, payment service providers, or issuers to update any outdated or incorrect credit card or other payment information to continue to bill you under an existing order. You expressly authorize us to: (a) verify your credit card or other payment information either ourselves or through a service provider; (b) receive updated account information from the entities issuing your credit card or otherwise involved in any other forms of payment; (c) charge all amounts for which you are responsible to the credit card you submitted or process the amount due using another payment option you have provided. You remain responsible for any uncollected amounts you owe us.
Where your interactions with Company require a payment, those payments are final and nonrefundable, unless otherwise required by applicable law or otherwise specifically provided by Company.
12. We may offer products and subscriptions.
Orders are initiated when you submit an order or purchase a subscription or other product or service for the Online Services (collectively, an “Order”). By placing an Order, you agree to these Terms. Each Order is subject to, governed by, and incorporates by reference, these Terms.
Company provides numerous service options on the Online Services. Certain service options may be provided free of charge, while other options require subscription payments before they can be accessed (“Subscriptions”). Company may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. Company is not responsible for the products and services provided by such third parties. From time to time, Company may offer trials of its paid subscriptions for a specified period without payment or at a reduced rate. The term of a Subscription shall be set forth in the applicable Order.
To cancel your Subscription, please log in to your account, click on Memberships, and then click cancel. If you cancel your Subscription, your access to the subscribed service will terminate immediately and no refund will be provided. If the subscription is cancelled for your non-payment, breach of these Terms, or otherwise by Company in accordance with these Terms, no refund or pro-rated fees will be issued to you and you will immediately lose access to the subscribed service.
13. We may contact you using email, text, or call.
Company, its service providers, and partners may contact you via email, text, or voice call to provide you with its Online Services. When you access or use the Site, you agree to communicate with us electronically and consent to receive communications from us electronically.
14. You are responsible for your use and account.
You are solely responsible for any use or access to the Online Services and your account. You are solely responsible for the security and confidentiality of your login credentials, preventing unauthorized access to your information or your use of the Site, and all activities that occur under your account. Your failure to comply with the provisions of the Terms may result in the termination of your access to the Site or account and may expose you to civil or criminal liability.
15. We grant you a license to use the Online Services.
We hereby grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to use the Online Services solely for your personal, non-public, legitimate use purposes related to your role as a current or prospective customer, service provider, or other authorized user of our Online Services.
16. No Returns.
There are no returns for our Online Services.
17. We do not endorse Linked Websites.
From time to time, we may provide links to Linked Websites from the Online Services. Linked Websites are controlled and operated by third parties, not us. We do not endorse, authorize, sponsor, or affiliate with respect to Linked Websites, its owners, sponsors, or providers.
18. You must comply with applicable laws.
You access the Online Services on your own initiative and own risk. You are responsible for compliance with all applicable laws, including all federal, state, and local laws, and regulations.
19. We may terminate these Terms without notice.
We may terminate these Terms or suspend or limit your account, the Online Services, or use of the Online Services immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you will cease use of the Online Services.
20. Your access to the Online Services may be permitted at our discretion.
Your access to the Online Services is permitted at our discretion. We may withdraw, amend, or restrict Online Services without notice.
21. You waive any jury trial and class action rights.
With respect to any dispute with Company or its licensors, service providers, employees, officers, directors, or contractors, arising out of or relating to your Online Services or these Terms, you hereby (i) give up your right to have a trial by jury; and (ii) give up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute. Any action against us must be commenced within 1 year after the claim or cause of action arose.
22. Our rights are not waived by our failure to exercise a right.
If Company fails to exercise any of its rights under these Terms, any such failure does not constitute a waiver of such right or any other rights under the Terms.
23. Some provisions survive termination.
Provisions that by their nature should survive termination of these Terms must survive termination, including without limitation, sections relating to limitation of liabilities, disclaimer of warranties, and indemnities.
24. We reserve our rights.
Any rights not expressly granted herein are reserved and retained by Company or its licensors, suppliers, or other service providers.
25. You agree to Delaware governing law and venue.
These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Online Services is in the state or federal courts located in New Castle County, Delaware. You submit to the jurisdiction of such courts.
26. These Terms state our entire agreement.
Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between Company and you with respect to your access to and use of the Online Services. The Terms replace all prior understandings between us.
27. You may contact us with your questions or concerns.
If you have any questions or concerns about the Terms, you may contact us at legal@edcompassedu.com.