Terms of Use

Thank you for using this service brought to you by EduTone Corporation. We’re glad you’re here, but there are some rules you need to agree to before you use this service (“Service”). When we use the word “Service,” we mean not only this Service, but also all the other websites, products, services and applications made available by EduTone via this Service, some of which are ours but most of which are owned by other providers.

If you have any questions, comments, or concerns regarding these Terms or the Service itself, please contact us at info@edutone.com, or mail us at EduTone Corporation, Attn: Legal Department, 1320 Harbor Bay Pkwy, Suite 260, Alameda, CA 94502, USA.

Your Agreement

EduTone Corporation (“EduTone”, “we”, “our” or “us”) provide this Service expressly subject to the following terms and conditions of use (“Terms”). The Terms are a binding contract between you and EduTone. You must agree and accept all of the Terms, or you don’t have the right to use the Service. Your using the Service in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Service.

IMPORTANT! If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent, guardian or teacher to read these terms and agree to them for you, before you use this Service or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how this Service works and what restrictions apply to your use of our Service. Remember, always get an adult’s permission before going online.

Our Service is constantly changing, to keep up with the dynamic needs of teachers and learners everywhere – so, these Terms might need to change, too. If they do change, we will do our best to tell you in advance by placing a notification on our websites, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice. If you don’t like the new Terms, you are free to reject them – unfortunately, that means you won’t be able to use the Service anymore. If you use the Service in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Your Account
If you use this Service, 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.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and your parent, guardian or teacher has agreed to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your educational institution or district), you represent and wa rrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You promise to only use the Service for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for you using the Service in a way that breaks the law.

EduTone reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Privacy
EduTone takes the privacy of its users very seriously. For the entire current EduTone Privacy Policy, please click here, as this also governs your use of this Service, so it is important that you understand our practices. You acknowledge and agree to the use of your data in accordance with the Privacy Policy.

Electronic Communications
When you use or visit this Service or send e-mails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our websites and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Use of this Service

You are responsible for all your activity in connection with the Service. Any information or content publicly posted or privately transmitted via the Service is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation.

We also can’t guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EduTone shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this Service, or between users and any third party, you agree that EduTone is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release EduTone, its officers, employees, agents, and successors from claims, demands, and damages of every ki nd or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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."

Changes in the Service

This Service is dynamic, so it will change over time. We may change, suspend, or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason, or without any reason, and without notice.

Licence and Service Access
EduTone grants you a limited license to access and make personal use of this Service, subject to the Terms. This Service and any portion hereof may not be reproduced, duplicated, copied, downloaded (other than page caching), sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EduTone. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of EduTone without the express written consent of EduTone. You may not use any meta tags or any other "hidden text" utilizing EduTone’s name or Marks without the express written consent of EduTone. Any unauthorized use terminates the license granted by EduTone. 

Computer Viruses
While it is very unlikely to occur, EduTone is not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that you may experience as a result of visiting this website or any of its links.

Copyright and Trademarks
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of EduTone or licensors (“EduTone Content”) and protected by United States and international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such EduTone Content is the property of EduTone or its licensors.  EduTone and its licensors retain all proprietary rights in such EduTone Content.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content or, (ii) in a way that violates someone else’s (including EduTone’s) rights. For example, if someone shares a piece of content with you on this Service, that doesn’t mean you can print it out and start distributing it to other people – unless the owner specifically told you in writing that you could.

You understand that EduTone owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Service.

The Service may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

Warranty Disclaimer
EduTone gives notice that all information contained within the Service is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.

THE SERVICE, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EDUTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  EDUTONE DOES NOT WARRANT THAT THIS SERVICE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM EDUTONE OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDUTONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Our Service should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our Service to make (or refrain from making) any decisions or take (or refrain from taking) any action.

Limitations of liability
Notwithstanding anything contained in this Agreement, in no event shall EduTone be liable to you for losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, arising out of, or related to, material on our Service or the use of, inability to use, whether in contract, tort including negligence, statute or any other theory) even if EduTone has been advised or has knowledge of the possibility of the potential loss or damage in advance or otherwise.  Liability of EduTone for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services again or the cash equivalent, in EduTone’s sole opinion.

Indemnity

You agree to indemnify and hold EduTone, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and ex penses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without EduTone’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

The Terms are governed by and shall be interpreted pursuant to the internal laws of the state of California, U.S.A without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the state and federal courts of California.

We reserve the right to add or change these Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.

Third Party websites
The Service contains links or connections to third party websites or services that are not owned, operated, or controlled by EduTone. The inclusion of a link or third party information does not imply endorsement by us of the linked site or third party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site or by the third party.

When you access third party websites or use third party services, you accept that there are risks in doing so, and that EduTone is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

EduTone has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with t hrough the Service. In addition, EduTone will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Complete Agreement
You and EduTone agree that these Terms are the complete and exclusive statement of the mutual understanding between you and EduTone, and govern your use of the Service, and that they supersede and cancel all previous written and oral agreements, communications, and other understandings between you and EduTone, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind EduTone in any respect whatsoever.

Severability
If a provision of this Section is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms.  The remaining provisions of the Terms will continue to be valid and enforceable.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.