Schoolhouse Educational Services, Inc. Terms of Service
PLEASE CAREFULLY READ THESE TERMS OF SERVICE (hereinafter “Terms”) BEFORE USING THE SCHOOLHOUSE EDUCATIONAL SERVICES, INC. WEBSITE OR ANY ONLINE SERVICES OFFERED BY SCHOOLHOUSE EDUCATIONAL SERVICES, INC.
THIS AGREEMENT IS BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND SCHOOLHOUSE EDUCATIONAL SERVICES, INC. (located in the State of Wisconsin, USA) GOVERNING YOUR USE OF THIS SERVICE AND YOUR USE OF THE ONLINE SERVICES.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement to accept the Terms. If you do not agree to the Terms, DO NOT PROCEED. Your acceptance of the Terms in this agreement is acknowledged by your clicking on the box which states that you agree to the terms. Your agreement to the terms in is also acknowledged by your use of this Service.
TERMS and CONDITIONS OF Software, books and testing materials
Subject to the terms of any other applicable written agreement you (“you”) have with Schoolhouse Educational Services, Inc., Schoolhouse Educational Services, Inc.’s sale of Products and provision of Software are governed by these terms and conditions of sale (“Terms”). These Terms include the Basic Order Terms (defined below) specified on an order accepted by us. “Schoolhouse Educational Services, Inc.”, “we” or “us” means Schoolhouse Educational Services, Inc. or its affiliate identified on our order acknowledgment. Every order you place with us is conditioned upon and confirms your acceptance of these Terms. Any contrary terms or conditions appearing on your orders or associated purchase documentation will be of no effect. No waiver, modification, or addition to these Terms, or any assignment of your rights or obligations under them is valid or binding on us unless in writing and signed by our authorized representative. These Terms and the other applicable agreements you enter into with Schoolhouse Educational Services, Inc. constitute the entire agreement between you and Schoolhouse Educational Services, Inc. for your purchase and use of Products and Software. Each accepted order will be interpreted as a single set of Terms, independent of other orders.
“Products” means books and software provided hereunder. “Software” means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by Schoolhouse Educational Services, Inc. to you. Software includes Product firmware, software locally installed on your systems and software accessed by you through the Internet or other remote means (such as websites, portals, software-as-a-service (“SaaS”) and “cloud-based” solutions). “Services” means any services provided by Schoolhouse Educational Services, Inc. as described in one or more Contract or other Consultation Agreements. ”
2.1 Quotes, Validity of Orders: Our quotations are non-binding unless otherwise expressly stipulated in writing. Orders are accepted as valid and binding only when confirmed by us in writing. Orders cannot be canceled for any reason without our prior written consent.
2.2 Basic Order Terms: All orders must include the following information: (i) the Products and Software ordered and quantities, (ii) Schoolhouse Educational Services, Inc. part number(s), (iii) prices, and (iv) delivery instructions, (collectively, “Basic Order Terms”). All Basic Order Terms are fixed and final upon our acceptance of the order.
3.1 Delivery time: Delivery times are established when Schoolhouse Educational Services, Inc. accepts your order in writing, on the phone or via our online store. We will use commercially reasonable efforts to meet your requested delivery dates, unless you are in default under these Terms or our performance is otherwise excused. We are not liable for late or delayed delivery. Late delivery is not a basis for your cancellation of any order.
3.2 Delivery terms: Title and risk of loss or damage to Products passes to you when we deliver the Products to the shipping carrier (“Delivery”). Unless otherwise agreed, we will deliver the Product freight prepaid, provided that you pay or reimburse us for all applicable costs of carriage, freight, insurance (if applicable), taxes, duty and other related shipping charges. We have the right to make partial deliveries. Software may be delivered electronically at Schoolhouse Educational Services, Inc.’s option. Title to the Software will remain with Schoolhouse Educational Services, Inc. or its licensors.
Acceptance, Inspection, Notice of Non-conformance:
4.1 Your acceptance of ordered Products is deemed to occur upon our Delivery of the Products to the shipping carrier. Your acceptance of ordered Software is deemed to occur when the Software is activated or otherwise made available for your access or use, whichever date is earlier. You are responsible for giving prompt written notice of identified damage or non-conformance of Products. You must inspect the condition of the packaging and the Products upon receipt and indicate any evident damage to the carrier on the delivery note, have the carrier’s agent sign the document and, within two (2) days of receipt of the damaged or non-conforming Products, send all documents by e-mail or fax to our facility from which shipment took place, together with the carrier’s references. Concealed Product damage claims must be made by you to the carrier directly and you must also provide us with written notice and a copy of any such claim within 10 days of receipt of the affected Products. Likewise you must notify us within 10 days of receipt of incorrect Products. If you retain the Product without giving notice within the designated notice period, you will be deemed to have waived your right to reject the Product.
4.2 If you cancel an accepted Product order within 10 days prior to shipment or reject conforming Products received under an accepted order, we are entitled to claim reasonable compensation for restocking and other expenses actually incurred.
Return of Product:
Schoolhouse Educational Services, Inc. does not offer refunds. Upon our discretion we may exchange a purchased item for a similar or equal item. Software purchases are not refundable. Before exchanging a Product, you must contact us directly to obtain an authorization for exchange for like or same item only. You must return Products to us in their original or equivalent packaging, and you are responsible for risk of loss, as well as shipping fees back to Schoolhouse Educational Services, Inc. Products received but not eligible for return will be sent back to you freight collect. For approved returns you will receive credit equal to the lesser of the Product’s invoice price or its current replacement value, less any applicable charges or fees.
Pricing, Terms of Payment, Taxes:
6.1 Our stated prices for Products and Software do not include applicable sales taxes, Value Added Tax, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes or similar charges, all of which are your responsibility to pay. Unless you provide us with direct payment authority or an exemption certificate valid in the jurisdiction to which the Product will be delivered, you shall pay us all taxes and governmental fees we are required to collect or pay upon sale or delivery of the Product.
7.1 Products and Software: Unless (i) the limited warranty included with a Product or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties, we warrant to you, and only to you, as applicable, (a) that our Products are designed and manufactured to conform to our specifications. If programming defects or improvements are necessary, you will be eligible for the updated version for a period of 90 days from date of Delivery, and (b) that our Software will substantially conform to the functional specifications and current documentation provided for a period of 90 days. During the warranty period, our liability and your exclusive remedy is limited, at Schoolhouse Educational Services, Inc.’s option, to replacing, repairing, or correcting, for any Product or Software subject to the warranty in this Section 7.1, which upon inspection we determine is non-conforming.
7.2 Warranty Exclusions: The foregoing limited warranty only applies if and to the extent that (a) the Product or Software is properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with our applicable documentation and specifications, and (b) the Product or Software is not modified or misused. This limited warranty does not apply to, and we are not responsible for defects or performance problems resulting from (i) the combination or use of the Product or Software with hardware or software products, information, data, systems, interfaces or devices not made, supplied or specified by us; (ii) operating the Product or Software under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair or use of the Product or Software; (iv) damage caused by accident, lightning or other electrical discharge, fresh or salt water immersion or spray (outside Product specifications); or exposure to environmental conditions for which the Product or Software is not intended; (v) normal wear and tear on consumable parts (e.g., batteries) or (vi) cosmetic damage. We do not warrant or guarantee the results obtained through the use of the Product or Software. WE MAKE NO WARRANTIES UNDER THESE TERMS WITH RESPECT TO SERVICES, WHICH IF PROVIDED HEREUNDER ARE PROVIDED “AS-IS”.
7.3 WARRANTY DISCLAIMER: THE FOREGOING LIMITED WARRANTY TERMS ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON OUR PART ARISING OUT OF, OR IN CONNECTION WITH, OUR PRODUCTS AND SOFTWARE AND STATE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES RELATING TO THEM. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE PRODUCTS AND SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS-IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, EITHER BY US OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION, PRODUCTION, INSTALLATION, OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, WE MAKE NO EXPRESS OR IMPLIED WARRANTY THAT SOFTWARE PROVIDED TO YOU IN CONNECTION WITH THESE TERMS, IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, FREE OF ERRORS, OR FREE OF VIRUSES, OR OTHER MALWARE OR PROGRAM LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY OR FULLY APPLY TO YOU. IF YOU ARE A RESELLER OF THE PRODUCTS OR SOFTWARE YOU SHALL NOT MAKE OR PASS ON TO YOUR OWN CUSTOMERS ANY WARRANTY, CONDITION OR REPRESENTATION ON BEHALF OF US OTHER THAN, OR INCONSISTENT WITH, THE APPLICABLE LIMITED WARRANTY IN THE PRODUCTS AND SOFTWARE PROVIDED TO YOU.
PLEASE NOTE: THE ABOVE LIMITED WARRANTY PROVISIONS WILL NOT APPLY TO PRODUCTS YOU PURCHASE IN THOSE JURISDICTIONS IN WHICH PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DISTRIBUTOR FROM WHOM THE PRODUCTS ARE ACQUIRED. IN SUCH CASE, PLEASE CONTACT YOUR SCHOOLHOUSE EDUCATIONAL SERVICES, INC. PRODUCT DEALER FOR APPLICABLE WARRANTY INFORMATION.
8.1 Determination of Warranty Applicability: We reserve the right to refuse warranty services if the Product or Software date of purchase cannot be proven, if a claim is made outside the warranty period or if a claim is excluded under Section 7.2 above.
8.2 Not Responsible for Lost Data. We are not responsible for any modification or damage to, or loss of any programs, data, or other information stored on any media or any part of any Product serviced by us, or stored or hosted by us in connection with a Software service we provide, or for the consequence of such damage or loss, (such as business loss in the event of system, program or data failure.) You are solely responsible for backing up data and removing all features, parts, alterations, and attachments not covered by warranty prior to releasing the Product to Schoolhouse Educational Services, Inc. for service or seeking Software support. Any Product or Software sent to Schoolhouse Educational Services, Inc. for support may be returned to you configured as originally provided to you by Schoolhouse Educational Services, Inc.
LIMITATION OF LIABILITY:
OUR ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER WE NOR OUR SUPPLIERS ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCTS OR SOFTWARE OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCTS OR SOFTWARE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE PRODUCTS OR SOFTWARE IS LIMITED IN DURATION TO THE DURATION OF THE WARRANTY SPECIFIED IN SECTION 7, ABOVE. YOU AND WE AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SCHOOLHOUSE EDUCATIONAL SERVICES, INC.’S SALE OF PRODUCTS TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.
Intellectual Property Ownership:
You agree that Schoolhouse Educational Services, Inc. owns all right, title and interest to all intellectual property and other proprietary rights to documents and materials, calculations, drawings, models, plans, sets of tools, technology, software, designs, engineering details, schematics and similar data relating to or incorporated in the Products and Software and any accompanying documentation or information derived from the foregoing. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. To the extent permitted by relevant law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Products or Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering or altering any of our patent, copyright or trademark notices placed upon, embedded in or displayed by the Products or Software or their packaging and related materials. We reserve all rights in the Products and Software not specifically granted to you under these Terms.
Government End Users-Restricted Rights:
The Software and its associated documentation are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 12.227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those rights set forth in the User Agreement for such Software.
You may not use or otherwise export or re-export the Products or Software except as authorized by the laws of the jurisdiction in which they were obtained. In particular, but without limitation, the Products and Software may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of Products or Software to you would violate applicable law. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of the Product and Software. You shall defend, indemnify and hold us harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this paragraph.
We reserve the right by written notice of default to cancel or indefinitely suspend an accepted order and to refuse additional orders if: (i) you default in performing your obligations under these Terms, (ii) you cease business operations or enter into any bankruptcy, insolvency, receivership or like proceeding not dismissed within 30 days, or assign your assets for the benefit of creditors, or (iii) when obtaining third-party financing in connection with your Product purchase(s) you fail to do so in a timely manner on terms satisfactory to us.
Applicable law For The Settlement of Disputes:
These Terms and any dispute, claim or controversy arising therefrom shall be governed by the laws of the country, state and province in which we have our principal place of business, namely for Schoolhouse Educational Services, Inc. or any affiliated company in the United States the laws of the State of Wisconsin and applicable United States federal law, without reference to “conflict of laws” principles. No dispute or legal action arising under these Terms, may be brought by either party more than one (1) year after such cause of action accrued, except that an action for nonpayment may be brought within two (2) years of the date of the last payment.
These Terms may be severable and the invalidity, illegality or unenforceability in whole or in part of any provision does not affect the validity of other provisions.
Neither party will be liable for non-performance (except for payment obligations) due to causes beyond its reasonable control, provided that such party promptly notifies the other in writing of such occurrence and makes its best efforts to promptly eliminate the effect thereof.
(Our Privacy Statement is published at http://schoolhouseed.wpengine.com/privacy-policy/). Every effort will be made to protect your privacy and the privacy of other users you have approved. Schoolhouse Educational Services, Inc. will never disclose names or physical or email addresses to any commercial or non-commercial entity without your express consent to do so. Individual safety, privacy and security are of utmost importance to us. Every effort will be made to protect every participant’s safety and identity. You should inform Schoolhouse Educational Services, Inc. if you notice any information that may lead to revelation of an individual’s personal identity. Every effort will be made to undo such indicators to ensure every individual’s privacy. Internet security is taken seriously by us and every measure will be taken to prevent data penetration by unwanted entities. Any user of this Service that engages in unauthorized manipulation of the gathered information or attempts to pirate the collected information will be permanently removed from participation in this Service and may be subjected to legal action that may result in imprisonment and or financial fines. Schoolhouse Educational Services, Inc. is committed to protecting the privacy, confidentiality, and security of the information transmitted and stored on this website. The website’s servers use Secure Socket Layer (SSL) encryption technology to secure your data and records and to protect any transmission of information between your browser and this Service. However, you acknowledge that the internet is not an absolutely secure medium and the privacy of the information, communications, and visits to the website cannot be guaranteed.
You are responsible for maintaining confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to informSchoolhouse Educational Services, Inc. immediately of any unauthorized use of your user account by email to firstname.lastname@example.org or by calling the business phone number listed on the www.schoolhouseEducationalServices.com website.
You will implement and maintain appropriate administrative, physical, and technical safeguards to protect the security of the website. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your staff to transmit, store, and process information from this website. You will immediately notify Schoolhouse Educational Services, Inc. when you become aware of any breach or suspected breach of the security of this website, any unauthorized use of the website, or any inappropriate disclosure of information obtained from this website. Also, you will take such action to mitigate the breach or suspected breach asSchoolhouse Educational Services, Inc. may direct, and will cooperate in investigating and mitigating the breach.
Spamming and Illegal Activities:
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Schoolhouse Educational Services, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer).
You agree to indemnify and hold harmless Schoolhouse Educational Services, Inc., its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Schoolhouse Educational Services, Inc.
Modification of Terms:
Schoolhouse Educational Services, Inc. reserves the right, at any time, to modify, amend, alter or update these Terms. You will be provided notice of any such modification by electronic mail or by a notice posted on this website. You agree to be bound by such modifications, amendments, alterations or updates. Your continued use of the website after notice of any change to the Terms will be deemed to be your agreement to the amended Terms. You are encouraged to visit this page periodically to review the most current Terms
Communications from Schoolhouse Educational Services, Inc.:
By using this Service, providing your email address, or sending an email to email@example.com, you are consenting to receive email from Schoolhouse Educational Services, Inc. unless you advise in writing or by email that you do not desire to receive email.
Neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly, as a result of one party’s failure to perform, or delay in performing, any of its obligations contained in this agreement (other than the payment of money), where such failure or delay is caused by circumstances beyond the party’s control or which make performance commercially impracticable, including but not limited to fire, flood, storm or other natural disaster, explosion, accident, war, riot, civil disorder, governmental regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of God or other natural circumstances.
Entire Agreement and Governing Law:
If any provision of this Terms and Conditions of Use agreement is determined to be invalid or unenforceable that provision shall be deemed to be severed here from and the remaining provisions of this agreement shall not be affected and shall remain valid and enforceable. This agreement shall be governed by the laws of Wisconsin and the United States of America.
Suspension and Termination:
We may suspend your user account or temporarily disable access to whole or part of the Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password, and deletion of all data in your user account.
Any notice or other communication given by either party to the other regarding these Terms will be deemed given and served when personally delivered, delivered by reputable international courier requiring signature for receipt, or five (5) business days after mailing (postage prepaid), addressed to the party at its notice address. Either party may change its notice address by written notice to the other. Your notice address will be the address appearing on the accepted purchase order.
Our notice address is:
Schoolhouse Educational Services, Inc.
P.O. Box 397
Sparta, WI 54656
The official language of these Terms is English. If there is a conflict between versions of these Terms in any other language, the English language version controls.