Terms and Conditions Page

EDUsquared Terms of Use

Overview:

Welcome to EDUsquared! We are a subscription service that provides our members with access to our Educational Products.

These Terms of Use govern your use of our service. As used in these Terms of Use, “EDUsquared service,” “our service” or “the service” means the service provided by EDUsquared for learning about educational topics, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in the Arbitration Agreement Section to resolve any disputes with EDUsquared (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain EDUsquared ready devices, you may need to visit www.EDUsquared.com/Terms-for-enterprise to review these hyperlinked terms.

Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy (www.EDUsquared.com/Privacy-Policy), govern your use of the EDUsquared service. By using, visiting, or browsing the EDUsquared service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the EDUsquared service.

The EDUsquared service is provided by EDU SQUARED, LLC., or one of its affiliated companies.

Changes to Terms of Use. EDUsquared may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy. Personally identifying information is subject to our Privacy Policy (www.EDUsquared.com/Privacy-Policy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences. By using the EDUsquared service, you consent to receiving electronic communications from EDUsquared relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the EDUsquared service, or in the “My Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with EDUsquared. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new EDUsquared features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply e-mail us at info@edusquared.com and that request may be granted. Please review our Privacy Policy (www.EDUsquared.com/Privacy-Policy) for further detail on our marketing communications.

Membership, Free Trials, Billing and Cancellation
Membership
Ongoing Membership. Your EDUsquared membership, which may start with a free trial, or even be completely free will continue month-to-month unless and until you cancel your membership or we terminate it. If your service is discontinued you may always sign up through our main url at edusquared.com in which you will be subject to the new terms of agreement for that service.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials. Your EDUsquared membership may start with a free trial. The free trial period of your membership lasts as long as specified during sign-up or as long as EDUsquared maintains a relationship with your benefactor. For combinations with other offers, restrictions may apply. EDUsquared reserves the right, in its absolute discretion, to determine your free access eligibility.

 

Billing

Billing Applicability. These statements regarding billing are only applicable when purchasing premium services not included with your enterprise access. Some enterprises may only offer a reduced price service and therefore billing may be applicable.
Recurring Billing. By starting your EDUsquared membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the EDUsquared service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your EDUsquared membership or became a paying member on January 31st, your next payment date is likely to be March 2nd, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “My Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. The only deviation from this policy will be what is published on our guarantee page found here: www.edusquared.com/guarantee Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” page, available at the top of the page of the EDUsquared website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your EDUsquared membership at any time, and you will continue to have access to the EDUsquared service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED VIDEOS. Again, the only deviation from this policy will be through our guarantee page found here: www.edusquared.com/guarantee To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing Details” on the “My Account” page. If you signed up for EDUsquared using your account with a third party as a Payment Method, and wish to cancel your EDUsquared membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the EDUsquared service through that third party. You may also find billing information about your EDUsquared membership by visiting your account with the applicable third party.

 

EDUsquared Service
By accessing or using our Services, you agree that (1) you are age 13 or older, (2) you understand and agree to these Terms, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

The EDUsquared service, and any content viewed through our service, are for your personal and non-commercial use only. During your EDUsquared membership, we grant you a limited, non-exclusive, non-transferable, license to access the EDUsquared service and view videos and utilize our content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

We continually update the EDUsquared service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability products, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the EDUsquared service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the EDUsquared service without express written permission from EDUsquared and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the EDUsquared service; use any robot, spider, scraper or other automated means to access the EDUsquared service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the EDUsquared service; insert any code or product or manipulate the content of the EDUsquared service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EDUsquared service, including any software viruses or any other computer code, files or programs.

The availability of our products to watch will change from time to time, and from country to country. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Video Quality availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. EDUsquared makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching one of our videos will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your EDUsquared ready device.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access
The member who created the EDUsquared account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the EDUsquared account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting EDUsquared Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the EDUsquared website and not through a hyperlink in an email or any other electronic communication, even if it looks official. EDUsquared reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. EDUsquared is not obligated to credit or discount a membership for holds placed on the account by either a representative of EDUsquared or by the automated processes of EDUsquared.

 

Disclaimers of Warranties and Limitations on Liability
THE EDUSQUARED SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EDUSQUARED SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EDUSQUARED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EDUSQUARED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EDUSQUARED SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EDUSQUARED READY DEVICES, AND EDUSQUARED SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EDUSQUARED, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

Gifts & Promotions. In certain jurisdictions, gift cards for the EDUsquared service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website. The purchase and redemption of gift cards are subject to all of these terms. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by EDUsquared in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

 

Indemnification. You agree to indemnify, defend and hold EDUsquared and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

 

Intellectual Property
Copyright. The EDUsquared service, including all content provided on the EDUsquared service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Claims of Copyright Infringement. EDUsquared respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email atsupport@edusquared.com or by regular mail to 621 S 48th St #110, Tempe, AZ 85281 (“Notice Address”) Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed;

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 locate the material;

Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;

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

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.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Governing Law
If you are a resident of Brazil, these Terms of Use shall be governed by and construed in accordance with the laws of Brazil.

For all other EDUsquared members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the EDUsquared service. These Applications may import data related to your EDUsquared account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and EDUsquared is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY EDUSQUARED AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

Use of Information Submitted. EDUsquared is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the EDUsquared service, including the EDUsquared website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the EDUsquared service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note EDUsquared does not accept unsolicited materials or ideas for our products, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EDUsquared. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EDUsquared and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
EDUsquared reserves the right to decide if submitted content violates the terms of service, not only if the user is a copyright infringer, but also not limited to: if the content is about pornography, obscenity, excessive length. The content may be removed and the user’s account terminated without prior notice and in the sole discretion of EDUsquared.

 

Customer Support. To find more information about our service and its features, or if you need assistance with your account, please email us at support@edusquared.com. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

 

Arbitration Agreement
If you are a EDUsquared member in the United States (including its possessions and territories), you and EDUsquared agree that any dispute, claim or controversy arising out of or relating in any way to the EDUsquared service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EDUsquared are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your EDUsquared membership.

Any action against EDUsquared must begin within one year after the cause of action accrues. If not, the cause of the action is considered as permanently barred.

If you elect to seek arbitration or file a small claim court action, you must first send to EDUsquared, by certified mail, a written Notice of your claim (“Notice”). The Notice to EDUsquared must be addressed to: General Counsel, EDUsquared, Inc., 621 S 48th St #110, Tempe, AZ 85281 (“Notice Address”). If EDUsquared initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by EDUsquared, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If EDUsquared and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EDUsquared may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after EDUsquared receives notice at the Notice Address that you have commenced arbitration, EDUsquared will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless EDUsquared and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of EDUsquared’s last written settlement offer made before an arbitrator was selected (or if EDUsquared did not make a settlement offer before an arbitrator was selected), then EDUsquared will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND EDUSQUARED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EDUsquared agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

Tax Policy. Can be found here: https://taxcloud.net/SalesTaxPolicy/?m=6lg5y7xBI1U=

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