The following Terms and Conditions (“Terms”) constitute a binding agreement between you and Applied Educational Systems, Inc. (“we” or “us”) and govern your use of both our public website, www.aeseducation.com (“Public Site”) and our secure platform site learn.aeseducation.com (“Platform Site” and together with the Public Site, the “Sites”). Additional terms may apply to our Platform Site.
1. User Representations
As a condition of your access and use of the Sites, you represent and warrant that:
You have not and will not provide false information or impersonate another person in your use of the Sites;
You will only use your own user name and password to access the Platform Site;
You will maintain the confidentiality of your user name and password at all times;
You will not assist anyone in gaining unauthorized access to the Platform Site.
2. Use of Materials & Content Provided on Our Sites
The Sites, including all content thereon, are owned by us and are protected by applicable copyright and trademark law.
You agree not to access the Sites or use any content contained thereon for any commercial purpose. If you are a student, teacher or school administrator and you have received a valid user name and password to access the Platform Site, you may access, download and/or print copies of any content on the Platform Site to which you have been granted access solely for your own educational or instructional purposes, provided that no copies of the content shall be made for the benefit of and distributed to students who have not received access to the Platform Site.
You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy.
You may not modify decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
A user license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimers and Limitations on Liability
THE INFORMATION ON OUR SITES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITES WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SITES WILL BE CORRECTED.
INFORMATION ON OUR SITES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITES SHALL BE TO DISCONTINUE USING THE SITES.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR SITES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
You agree that neither we nor any of our officers, employees, agents or service providers shall have any liability to you for claims related to your use of the Sites and you hereby release us and our officers, directors, employees, agents or service providers from any and all such claims.
You acknowledge that certain security and privacy risks are inherent in your use of the Sites and the Internet generally, including the potential that any data or information transferred via the Sites may be subject to security breaches.
You agree to indemnify and hold us, our officers, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Sites in violation of these Terms.
5. Third Party Content
You agree that we do not endorse and that we are not responsible for any third party content appearing on the Sites and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity.
You also agree that we are not responsible for the content of any other websites linked to the Sites and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any other off-site pages or other websites is at your own risk.
Governing Law: Any claim relating to our Sites shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
No Implied Waiver: Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
Severability: The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.
Refunds: All sales are final and AES encourages use of the full access trial before purchasing. We understand there are cases for extenuating circumstances. AES may refund the cost of purchased licenses if accounts have not been accessed at all by users for requests made within 30 days of purchase or 30 days of contract start date, whichever is earlier.
Any questions or concerns about the Sites or Terms and Conditions should be brought to our attention by sending an email to email@example.com and providing us with information relating to your concern.