Terms of Use - Cadence Education

Revision Date: February 22, 2021

WPEngine GES

For more information or if you have any questions about these terms of use, please contact us at [email protected].

ACCEPTANCE OF TERMS OF USE

The following is an agreement (“Agreement”) between you and Cadence Education, Inc. (the “Company”). By accessing, browsing, and using this website, or the services offered by the Company (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Services.

From time to time, the Company may modify this Agreement and post those modifications on the applicable Services. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The Company provides these Services for informational use by its customers and partners. The Services are protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by the Company from its offices within the United States. The Company makes no representation that the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

PRIVACY POLICY

Please review our Privacy Policy for information on how the Company collects, uses, and discloses personally identifiable information from its users. If any conflict exists between the Site Terms and our Privacy Policy, the Site Terms will prevail.

OWNERSHIP AND PROPRIETARY INFORMATION

The content and information in the Services is proprietary to the Company. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, upload, post, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services in any way without prior written permission from the Company.

Except as expressly provided herein, the Company and its affiliates do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

USE RESTRICTIONS AND INTELLECTUAL PROPERTY

The Services contain copyrighted material, trademarks, and other proprietary information. Unauthorized use of the Services may violate copyright, trademark, and other laws. The Company or its licensors hold the copyright to all materials provided in the Services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. Except as expressly permitted by the Company, nothing from the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of the Company or the copyright owner.

“Cadence Education” (the “Trademark”) is a registered trademark and may be used only with permission from the Company. It, together with other trademarks that are located within the Services shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated.

Fair usage of the Trademark for advertising or promotional purposes requires proper acknowledgement and permission. All other company/product names and service marks may be trademarks or registered trademarks of their respective companies.

SINGLE COPY LICENSE

You may download one copy of the information found on the Services to a single computer for your personal, non-commercial internal use only. This is a license (“License”), not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the information or use it for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the information; (c) you further agree to prevent any unauthorized copying of the information.

TERMINATION OF LICENSE

The Company may terminate this License at any time if you are in breach of the Terms. Upon termination of this License, you agree to immediately destroy all copies of the information.

USER COMMUNICATIONS

You agree that Company may contact you by electronic communication, including telephone or text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving emails or text messages from Company at any time, either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, or by contacting [email protected].

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials in the Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of the Company’s proprietary rights in them.

INFORMATION “AS IS” AND AVAILABILITY OF SERVICES

INFORMATION IN THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS ONLY. THE COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. THE COMPANY WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR.

THE COMPANY AND ITS AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THESE SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPRTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF, OR INABILITY TO USE THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW AND VENUE

This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). You consent that any dispute that arises from this Agreement shall be resolved in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.

REVISIONS TO THIS AGREEMENT

The Company may at any time revise this Agreement by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. However, the Company makes no commitment to update the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Julie Linaman
Cadence Education
8800 N. Gainey Center Dr., Ste. 300
Scottsdale, AZ 85258

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.