Terms

TERMS OF USE

Acceptance of the Terms of Use

Welcome to Educator Forever (hereinafter referred to as "Educator Forever," "Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference ([collectively,) these "Terms of Use," govern your use of EducatorForever.com, (the "Website" or "Service").

Please read the Terms of Use carefully before you start to use the Website or our Services as they set forth your legal rights and obligations.

By using the Website or Services, and by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.

If you do cannot agree to these Terms of Use, you must not access or use the Website or Services.

By using this Website or Services, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this Website or Services and to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.

You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of Educator Forever and with other users of this Website or Services.

Educator Forever Services

EducatorForever.com is a service that provides customers with support to explore flexible options outside of the classroom. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

• To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Educator Forever materials, as well as this Website, and their entire contents, features and functionality (including but not limited to all information, text, images, and the design, selection and arrangement thereof), are owned by Educator Forever, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site or provided through our Service.

• Use any illustrations, photographs, sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or Service.

• You must not access or use for any commercial purposes any part of the Website or our services or materials.

• If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or materials provided by us in our provision of Services, you will be in breach of the Terms of Use, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in any content on the Website or Service is transferred to you, and all rights not expressly granted are reserved by Educator Forever. Any use of the Website or Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the term EDUCATORFOREVER.COM and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

User Code of Conduct

In using this Website, posting comments to our blog, or through the use of any features which may now exist or become a feature offered through the website which allows user generated content; the following content standards and acceptable use policy shall apply. These content standards apply to any and all user generated content, including comments on the blog: they must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests.

• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Educator Forever Site, or any postings which advocate illegal activity.

• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

• Deliver, or provide links to, any postings containing defamatory, false or libelous material.

• Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

• Deliver any posting or enter into an agreement that you do not have a right to make under law, regulation or contractual or fiduciary relationships.

• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

• Use this Educator Forever service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Educator Forever Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Educator Forever Site, including harvesting or otherwise collecting information about others such as email addresses

We cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Provided

We do not warrant the accuracy, completeness or suitability of all information provided on the Website or Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website decides to provide links to other sites and resources as an informational service for your convenience to parties, understand that this does not constitute an endorsement of their products or services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

TERMS AND CONDITIONS OF SALE

A. Products and Pricing.

All Educator Forever products listed on  the Website (“Products”), their contents, descriptions, and  prices are each subject to change with due notice.

B. Reservation of Rights.

We reserve the right, at any time, to make changes to products to improve quality, towards this end we also reserve the right to suspend or discontinue the sale of any Product with or without notice.

C. Orders.

Upon placing an order, and as your order is processed, your order constitutes an offer and shall not to be considered accepted until transmit shipping information.

If we are unable to process your order for any reason, we will either not process payment, in the event payment has processed we shall issue a credit to your payment account in the  amount charged for the cancelled portion.

D. Payment Terms.

For  each Product ordered,  you agree to pay the listed price for the  Product as of the time you submitted your order.

You will be solely responsible for payment of all sales taxes, fees, duties, and other governmental charges.

We do not offer refunds on our products. 

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release

You hereby release and discharge Educator Forever, it's officers, employees, agents, successors, and  assigns, from all existing or potential disputes, claims, controversies, demands, obligations, liabilities, or any possible  cause of action of any kind ,for all acts or omissions of Educator Forever.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, including, but not limited to, your User Contributions, any use of the Company's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Company.

Governing Law and Jurisdiction

These Terms shall be governed by the  laws of the State of California without giving effect to any conflict of laws  principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that  arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in Contra Costa County ,and each party  irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below.

Your Comments and Concerns

This website is operated by EducatorForever.com [417 Clayton Avenue, El Cerrito, CA 94530].

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].

Thank you for visiting EducatorForever.com.

Last modified 5/16/18