Terms of Use

Your access and use of Education 4.0, Inc. (“Company,” “we,” “our,” “us”) Platform, which shall include: Company’s website, educationfour.com (including the functionality of the website and services offered or provided through the website), any current and future online, digital and mobile platform, including any third-party software or platform embedded into the Company’s website or platform or otherwise used by the Company (such as Mindstone Learning Limited’s platform), applications, social media platforms, pages, collaborative platforms, and networks owned by Company (collectively, the “Platform”), shall be subject to the terms and conditions set forth herein (“Terms of Use”). Note, however, these Terms of Use do not apply to your access or use of, or any data or information that may be collected by, any third-parties, including third-party vendors or platform hosts, such as Mindstone Learning Limited, so please refer to their respective privacy policies, data practices, and terms of use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION RELATING TO YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Use of the Platform

These Terms of Use govern your use of the Platform. By using, accessing, visiting, and/or registering to use the Platform and Content (as defined below), and/or purchasing any products and/or services from Company, you accept and agree to these Terms of Use and agreed to be legally bound by them and all applicable laws, rules, and regulations associated with your access or use of the Platform. If you do not agree to the Terms of Use, you      should not access or use the Platform. You are authorized to access and use the Platform provided that you are least 18 years of age. The information and materials displayed on the Platform may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes, (the “Use”) provided that you attribute authorship to the Use to (i) the original source of the information and/or materials, and (ii) the Company.   Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Platform, and any reproduction or circumvention of the navigational structure or presentation of the Platform or its content, is strictly prohibited.  You agree not to use the Platform for any unlawful purpose.

These Terms of Use apply to all text, articles, comments, messages, scripts, plans, materials, information, statistics, analysis, hyperlinks, software, ideas, testimonials, endorsements, suggestions, concepts, methods, systems, techniques, photographs, pictures, images, likeness, videos, audio, video, music, artwork, design, graphics, drawings, illustrations, trademarks, service marks, trade names, logos, software and any technology and all other data, content, materials and information available on the Platform or through the Platform, whether posted, uploaded, transmitted, sent, submitted, contributed or otherwise made available by Company, its customers, users, contributors, partners, authors, advertisers, or by you or other users of the Platform or third parties (“Content”).

In order to access certain features of the Platform, you may be required to register and/or create an account. If you supply a telephone number in connection with use of the Platform, you consent to receive calls or texts at that number, whether manually or automatically dialed, from Company and/or from participating vendors.  If you supply an email address in connection with the use of the Platform, you consent to receive electronic communication from Company,  participating customers, vendors, or similar third-parties. You are responsible for maintaining the confidentiality of passwords and accounts and are fully responsible for all activities that occur under such password or account. You agree to immediately notify Company in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session.

The Platform is for the exclusive use of Company’s customers and is intended to provide products, services, information, content, and data pursuant to the Company’s Membership Agreement with its customers (the “Membership Agreement”). Company makes no representation that any or all of the materials, Content, products or services on the Platform are appropriate or available for sale or use by its customers in any or all locations.

The Content provided on this Platform is provided by Company pursuant to the Membership Agreement. The Content contained on this Platform does not obligate Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information as received by its customers. However, due to the nature of the Internet, Company does not warrant and cannot guarantee the accuracy, completeness or authenticity of the Content contained on this Platform, or its suitability for any purpose.

This Platform could include technical inaccuracies or typographical errors. Company will from time to time revise the information, products and services described on this Platform, and reserve the right to make such changes without notice.

Privacy

Please review the Company’s Privacy Policy, which can be found here to understand our practices. Through your use of the Platform, the Company may collect certain information that may, directly or indirectly, identify you through particular reference to a unique identifier, including a name, identification number, location data, online identifier, or to one or more factors that are specific to your physical, physiological, genetic, mental, economic, cultural, or social identity (“Personal Information”). Personal Information that Company may collect during your use of the Platform includes your name, email address, mailing address, phone number, computer and server IP addresses, browser versions, pages most visited, duration and time of visit, and geographic area. Company may also collect and store messages and other communications sent and/or received by you on or through the Platform, including, communications sent by or to Company.  If you permit the Platform to access location services on your mobile device, Company may also collect the precise location of your device when the Platform is running in the background or foreground. By using our Platform, you agree that we may use and share your Personal Information, as defined and set forth in the Privacy Policy. Specifically, you acknowledge that the Company may collect certain Personal Information, share certain Personal Information with third parties, and may contact you periodically, all in accordance with the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.

            Personal Information will be collected and used by Company to help us improve the content and functionality of the Platform, to better tailor the Platform to your needs, and to provide resources that may be relevant to you during your use of the Platform. Company may also your Personal Information to customize the Platform to provide a better user experience and to enhance or maintain Platform security. y.

            Company may use cookies, web beacons, and log file information to: (1) store information so that you will not have to re-enter it during your visit or the next time you visit the Platform; (2) provide custom, personalized content and information; and (3) monitor aggregate metrics such as total number of visitors and pages viewed. If such information is shared, it will only be shared in the aggregate and will not contain Personal Information. You can voluntarily opt-out of cookie collection by Company by altering the settings on your web browser or mobile device.

Company collects and stores any Personal Information that you may provide through the Platform on its data-hosting platform and retains such Personal Information in accordance with the Company’s Privacy Policy. Company does not knowingly collect Personal Information from children under the age of 16, and the Platform is only available to users who are at least 18 years of age.

By using the Platform, you hereby agree to release and hold harmless Company and its owners, stockholders, directors, officers, agents, contractors, representatives, employees, affiliates, successors and assigns from any and all claims, compensation, loss, damage, expense or cost (including attorneys’ fees and disbursements attendant thereto) arising out of or in any way connected with Company’s: (i) collection, use, processing, maintenance, storage, retention, sharing, disposal or disclosure of your Personal Information, including due to the act, omission, breach, negligence, willful misconduct, or other failure by any third-party engaged by Company; (ii) mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance including any claims you might have under laws protecting intellectual property and personal privacy.

User Content

This Platform may contain interactive areas or features where you and any other user can post Content that is publicly available to other users (“Common Spaces”). Any Content that you or any user submits, provides, contributes, posts, uploads, or sends on or through the Common Spaces of the Platform (“User Content”) shall be deemed not to be confidential and may be used by Company or any other user in any manner consistent with the Terms of Use, including the Privacy Policy. However, Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, modifying, editing, rejecting, or refusing to use, upload, publish or post it. Additionally, Company has no obligation to attribute any authorship in the User Content to you.

You acknowledge and agree that you are solely responsible for all User Content you make available through the Platform. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Platform, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Platform, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Platform, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.

Rights in User Content

By posting, publishing, uploading, sending, submitting, providing, or contributing User Content on or through the Platform, you hereby grant Company, its successors and assigns, and other customers/users a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, stream, broadcast, and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that Company may use, or permit others to use, without charge, your name, biography, picture, and likeness with the User Content you submit and otherwise in materials promoting, marketing, or advertising the Platform, Company products or services, in any media, without any compensation or notice to you or approval by you.

Third-Party Materials

Through the Platform you may access, review, display, or use third-party services, resources, Content, software, technology, materials, or information (“Third-Party Materials”), including, but not limited to, from other users. You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or User Content. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to, use of , or reliance on such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from the Platform or from being accessed through the Platform. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials except as expressly permitted by the Platform, the Membership Agreement, or these Terms of Use.

Company neither endorses nor guarantees in any way the organizations, sponsors, authors, advertisers, partners, data, information, materials, advice, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Platform. Company reserves the right, in its sole discretion, to deny or remove any link that contains misleading information or unsubstantiated claims or is determined to be in conflict with Company’s mission or policies. 

The information posted on the Platform may include hypertext links, or links to information and/or articles created and maintained by other organizations.  These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, they are leaving the Company Platform and are subject to the privacy and security policies of the owners/sponsors of the external link.

Company reserves the right to, but is not required to, reject, in its sole discretion, the posting, publishing, uploading, sending, submitting, providing, or contributing of Third-Party Materials.

Disclaimer of Warranties

THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK AND ANY DATA OR MATERIALS DOWNLOADED, INFORMATION PROVIDED OR OBTAINED THROUGH THE USE OF THE PLATFORM, INCLUDING CONTENT AND THIRD-PARTY MATERIALS, AND THE PRODUCTS OR SERVICES RECEIVED, WHETHER FROM THE COMPANY OR ANY OF ITS USERS, ARE AT YOUR OWN DISCRETION AND RISK. THE PLATFORM IS PROVIDED “AS IS” “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM, INCLUDING PERSONAL INFORMATION,  THE CONTENT, USER CONTENT, AND THIRD-PARTY MATERIALS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ADVICE, DATA, MATERIALS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR ANY CONTENT OR YOUR DOWNLOADING OF ANY CONTENT, INCLUDING CONTENT OR USER CONTENT, MATERIALS, ARTICLES, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THEM. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, CONTENT, USER CONTENT, THIRD-PARTY MATERIALS, THE INTERNET GENERALLY, AND THE DATA, MATERIALS, AND INFORMATION YOU ACCESS FROM THE PLATFORM, AND FOR YOUR CONDUCT ON AND OFF THE PLATFORM.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL COMPANY, AND ITS OWNERS, STOCKHOLDERS, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS, ASSIGNS, AND AFFILIATED COMPANIES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND CAUSED TO ANY PERSON OR ENTITY ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PLATFORM, CONTENT, USER CONTENT, OR THIRD-PARTY MATERIALS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROGRAMS, OR LOSS OF PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR BASED UPON ANY THEORY OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS, POSTED, CONTRIBUTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, RELATED TO YOUR USE OF THE PLATFORM AND YOUR DISCLOSURE OF PERSONAL INFORMATION ON OR THROUGH THE PLATFORM, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY OR TEN DOLLARS ($10.00). COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE PLATFORM OR ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. 

Indemnification

You agree to defend, indemnify, and hold harmless Company and its owners, stockholders, directors, officers, agents, contractors, representatives, employees, affiliates, successors and assigns from any and all claims, losses, compensation, actions, demands, judgements, costs, liabilities or expenses (including, but not limited to attorney’s fees) relating to or arising from your use of the Platform; disclosure of any Personal Information, and/or Content and/or User Content and/or other data, materials, and information by you; access of Third-Party Materials and third party sites; any breach of the Terms of Use; and any allegation that any Content, User Content, or other documents, materials, or information that you submit to the Platform or transmit to Company infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; your activities on this Platform; and/or any third party claims.

Ownership of Content and User Content

As between Company and you, Company owns all right, title, and interest in and to the Platform, including all of the Content and User Content submitted, contributed, authored, transmitted, posted to or sent to Company, and all code, data, and materials, articles, blogs, postings, and information Company makes available on or through the Platform, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, and other intellectual property and proprietary rights therein. Your use of the Platform does not grant to you any ownership or rights to or in any of the Content, User Content, code, data, or other materials, including Third-Party Materials, unless expressly consented to by the Company and/or third-party or other user, as applicable.

Intellectual Property

The Platform, Content, and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Platform, Content, and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. You shall not reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of the Platform.

You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. All other product and service marks contained on the Platform are the trademarks of their respective owners. Company IP on the Platform is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Platform and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any the Company IP or enforce limitations on use of the Platform or the content therein. If you believe any trademarks, service marks, or logos used on the Platform to be the property of someone else, please notify the Company in writing.

Downtime; Service Suspensions; Termination

Your access to and use of the Platform may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction,  or other unavailability of any portion or all of the Platform for any reason, including as a result of power outages, system failures, or other interruptions.

The Company shall be entitled, without any liability to you, to suspend access to any portion or all of the Platform at any time, on a system-wide basis: (a) for scheduled downtime to permit the Company to conduct maintenance or make modifications to the Platform; (b) in the event of a denial of service attack or other attack on the Platform or other event that the Company determines, in the Company’s sole discretion, may create a risk to the Platform if the Platform is not suspended; or (c) in the event that the Company determines that the Platform is prohibited by law, or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.

You further agree that the Company reserves the right to terminate, change, suspend, or discontinue your access to any part of the Platform for any reason in the Company’s sole discretion, at any time without notice, including if Company believes you are in breach of these Terms of Use or applicable statutes, laws, rules, regulations, guidelines, or ordinances. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

Changes to Terms of Use

Company reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of the Term of Use, in whole or in part, at any time without notice. Changes in the Term of Use will be effective when posted. Your continued use of the Platform after any such postings shall constitute your acceptance of any changes, additions, or deletions to the Terms of Use.

Governing Law; Jurisdiction; Severability

The applicable laws of the Commonwealth of Virginia shall govern as to the interpretation, validity and effect of this Agreement and any use of the Platform, without giving effect to any principles of conflicts of law. You hereby consent and submit to the exclusive jurisdiction of the Courts of Fairfax County, Virginia, USA in any action or proceeding instituted under or related to the Terms of Use, or your use of this Platform. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Cost of Enforcement

Except as otherwise set forth in these Terms of Use, in the event of a dispute arising out of or otherwise related to these Terms of Use, including any breach thereof, or your use of the Platform, Company, if the substantially prevailing party, shall be entitled to recover from you all costs and expenses, including reasonable attorneys’ fees, incurred in enforcing or attempting to enforce these Terms of Use, and any breach thereof, and/or dispute arising out of or related to your use of the Platform, including any costs incurred prior to the commencement of legal action and any costs of appeal.

 

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS

All claims, causes of action, controversies, or disputes in any forum shall be conducted on an individual basis and not part of any class. You agree to resolve any claims, causes of action, controversies, or disputes on an individual basis only, and not as part of any class. You agree that you will not participate in any class brought by any third party arising under the terms and/or in connection with the Platform.

Waiver of Jury Trial.

YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY FOR ANY DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM, AND/OR DISCLOSURE OF PERSONAL INFORMATION, CONTENT, USER CONTENT, AND/OR THIRD-PARTY MATERIALS.

Questions

 If you have any questions pertaining to these Terms of Use, please contact Company at the following address:

Education 4.0, Inc.

20250 Kentucky Oaks Ct.

Ashburn, VA 20147

USA

hello@educationfour.com