Terms and Conditions of Use
Last Updated: May 17, 2017
- Trademarks. All trademarks, service marks, and trade names of SDES used herein (including but not limited to: the SDES name, the SDES corporate logo, the Site name, the Site design, and any other logos) (collectively “Marks”) are trademarks or registered trademarks of SDSE or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SDES trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Company’s prior written consent. The use of SDES trademarks on any other web site or network computer environment is not allowed. SDES prohibits the use of SDES trademarks as a “hot" link on or to any other web site unless establishment of such a link is approved in advance. You will not use the Marks in any manner that could, in SDES’s judgment, imply SDES’s endorsement in any (a) written or oral advertising or presentation or (b) brochure, newsletter, book, or other written material of whatever nature, without SDES’s prior written consent.
- Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SDES has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then SDES has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information. The Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third-party services are unrelated to the Services, and your login using such third-party registration information and use of such third-party services is subject to the terms and policies of those services.
- Linking to the Site. Creating or maintaining any link from another web site to any page on the Services without our prior written permission is prohibited. Running or displaying the Services or any information or material displayed on the Site in frames or through similar means on another web site without our prior written permission is also prohibited. Any permitted links to the Services and Site must comply will all applicable laws, rules, and regulations.
- Third Party Links. The Site and Services may contain links to web sites that are not owned, operated, or controlled by SDES or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites or any content, materials, or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site and Services, you do so entirely at your own risk.
- Transactional Partners. In some cases we partner with another company to co-promote their services within our Services. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by SDES terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.
- Contests, Sweepstakes and Games. From time to time, SDES may offer contests, sweepstakes or games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
- Order Eligibility. You may only purchase products and Services that appear on the Site. You may only purchase products for personal use by either yourself or your intended recipient of the products; you may not purchase products for resale. SDES may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by SDES. SDES makes no promise that products and services available on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside of the United States, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site.
- Products, Content and Specifications. Details of the products and services available for purchase are set out on the Site. All prices are displayed exclusive of all taxes and shipping charges. If you are located outside of the United States, please contact us at 1-888-735-7941 or email@example.com for pricing. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Packaging may vary from that shown. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the production or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site.
- Return and Exchange Policy. You may return or exchange a product or service purchased from the Site if the product or service is defective or for any reason within  days of the date of shipment. You must promptly contact SDES if you would like to return a product or service for return instructions. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, SDES will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the return.
- Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Fees. For all charges for any products and services sold on the Site, SDES will bill your credit card or alternative payment method offered by SDES. In the event legal action is necessary to collect on balances due, you agree to reimburse SDES for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of the Site.
- Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
- Force Majeure. Neither SDES nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- DISCLAIMERS. YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SDES, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER SDES, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SDES OR THROUGH THE SITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATIONS OF LIABILITY. SDES does not assume any responsibility and will not be liable for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. We do not guarantee continuous, uninterrupted, or secure access to the Site or Services, and operation of the Site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL SDES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Entire Agreement. These terms and conditions are the entire agreement between the user and SDES and supersede any prior understandings or agreements (written or oral).
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at firstname.lastname@example.org or by phone at (425).820.5855.
- Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2017, Specially Designed Education Services, Inc. or its licensors. ALL RIGHTS RESERVED.