Please read these Terms of Use carefully. By accessing this website, you enter into Agreement and are bound by the terms and conditions stated herein. If you do not agree to the terms and conditions stated herein, please do not access this website. We reserve the right to change, modify, or amend these Terms of Use without any notice.
Disclaimer of Warranties
This website, including all content, functions, and information made available on or accessed through this website, is provided on an “as is”, “as available” basis, without representations or warranties of any kind whatsoever, expressed or implied, including without limitation non-infringement, merchant availability, or fitness for a particular purpose. EducationOversight.org does not warrant that this website or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
Copyright
All material and software Copyright © 2024 EducationOversight.org. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on this website and/or its subsidiaries or the copyrighted property of parties from whom we have licensed such property.
Governing Law
The internal laws of the State of Texas shall govern the performance of the Agreement, including these Terms of Use, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Texas for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
Legal Fees
If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.
Limitation of Liability
To the fullest extent permitted by law, in no event shall EducationOversight.org, including its officers, directors, employees, representatives, successors, assigns or affiliates (collectively, the “covered parties”), be liable for any injury, death, loss, claim, damage, act of God, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site, or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages, some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to certain users. In no even shall the covered parties’ total liability to you for all damages, losses and causes of action (whether contract or tort, including but not limited to negligence), arising from this agreement or your use of this website, exceed the amount paid by you to us.
Indemnification
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom we have licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of this website, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of this website, and (E) any image or content being reproduced as part of your order. If using this website on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
Enforcement of this Agreement
If you have questions regarding this Agreement, please contact us.
Changes to this Agreement
We may update these Terms of Use any time. When we do, we will also revise the “last updated” date below.
Last Updated: August 19, 2024