Last Updated: January 13, 2019
Welcome, and thank you for your interest in Pedi-Ed Inc., a 501(c)(3) organization (“Pedi-Ed” or “We” or “Us” or “Our”), which operates the web site located at http://pedi-ed.org and related application programming interfaces (API’s), mobile applications and online services (the “Website”). The following Terms of Service serve as a legal contract between you (“You”) and Pedi-Ed regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Table of Contents:
Modification of the Terms
Third-Party Services and Products, Links
Disclaimers; No Warranties
Limitation of Liability
1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
2. Modification of the Terms.
Pedi-Ed reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
3. Proprietary Materials
3.1 Proprietary Materials.
The Website is owned and operated by Pedi-Ed. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and quizzes, and all other elements of the Website (the “Website Materials”) are protected applicable laws governing intellectual property and proprietary rights.
3.2 Non-Commercial Use.
The contents provided by Pedi-Ed via our Website are intended for personal, non-commercial use only.
4. Limited Conduct.
YOU AGREE NOT TO:
4.1 use the Website for any commercial use or purpose unless expressly permitted by Pedi-Ed in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
4.2 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
4.3 delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content, Licensed Educational Code, or User Content;
4.4 assert, or authorize, assist, or encourage any third party to assert, against Pedi-Ed or any of its affiliates;
4.5 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chainmail, informational announcements, charity requests, and petitions for signatures);
4.6 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
4.7 modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Pedi-Ed herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
4.8 intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
5. Third-Party Sites, Products and Services; Links.
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Pedi-Ed does not own or actively any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. The Sites are provided as supplementary and complementary content distributed by our partner organizations. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to indemnify, defend, and hold harmless Pedi-Ed, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you. Pedi-Ed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Pedi-Ed, and You agree to cooperate with Pedi-Ed’s defense of these claims.
7. Disclaimers; No Warranties
7.1 No Warranties.
The website, and all data, information, software, website materials, content, user content, reference sites, services, or applications made available in conjunction with or through the website, are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, Pedi-Ed disclaims any and all warranties and conditions, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Pedi-Ed or through the website will create any warranty not expressly stated herein.
Pedi-Ed does not warrant that the website or any data, user content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected.
7.3 Harm to Your Computer.
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the website (including through any api’s) is at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEDI-ED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE PEDI-ED, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE PEDI-ED WEBSITE AND AFFILIATED PROGRAMS, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Pedi-Ed may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Pedi-Ed is notified that the email address is invalid. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of Pedi-Ed to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Pedi-Ed.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Website is hosted in the United States, and the services provided hereunder are offered by Pedi-Ed Inc.: Berkeley, CA.