Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the website and services operated by edYOUcation LLC ("we," "us," or "our").
By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.
These Terms apply to all visitors, users, and others who access or use our services.
Unless otherwise indicated, our website and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by edYOUcation LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for your personal, non-commercial use. This license does not include:
The edYOUcation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of edYOUcation LLC or its affiliates or licensors. You may not use such marks without our prior written permission.
By using our website and services, you represent and warrant that:
If you submit, upload, or transmit any content to our website (including but not limited to comments, feedback, suggestions, or ideas), you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.
You agree not to submit content that:
edYOUcation LLC provides computer systems design, integrated systems development, technical consulting, and related professional services. Specific services, deliverables, timelines, and fees will be detailed in separate service agreements or statements of work entered into between edYOUcation LLC and clients.
Any changes to the scope of work after project commencement must be agreed upon in writing by both parties and may result in adjustments to timeline and fees.
Clients are responsible for:
Fees for our services will be as quoted in the applicable service agreement or statement of work. Unless otherwise specified:
Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We may suspend services for accounts with outstanding balances exceeding 30 days.
Unless otherwise agreed in writing, client shall reimburse edYOUcation LLC for reasonable out-of-pocket expenses incurred in connection with the performance of services, including travel, accommodation, and materials.
Each party may have access to confidential information of the other party. "Confidential Information" means any information disclosed by one party to the other party, either directly or indirectly, in writing, orally, or by drawings or inspection of tangible items, that is designated as "Confidential," "Proprietary," or some similar designation at the time of disclosure.
Both parties agree to:
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDYOUCATION LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $1,000, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless edYOUcation LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms shall remain in full force and effect while you use our website or services.
We may terminate or suspend your access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our website and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Centennial, Colorado, in accordance with the rules of the American Arbitration Association.
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and edYOUcation LLC regarding your use of our website and services and supersede all prior and contemporaneous written or oral agreements between you and us.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website or services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us:
IMPORTANT NOTICE: THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE READ THEM CAREFULLY.