Educapro Learning and Performance Terms of Use

The following Terms of Use apply to the Educapro Learning and Performance, Inc. web site (the “Web Site”) and to the services, products, resources, information, content, materials and results or output derived from such services or products on the Web Site (“Site Content”). By using the Web Site or Site Contents you accept and agree to comply with the following Terms of Use. Your use of certain resources made available on the Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use (and our Privacy Policy) from time to time. Your continued use of the Web Site signifies your acceptance of any changed items. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Web Site. The failure of Educapro to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Downloading Policy

All documentation and any future software made available for download from the Web Site is the copyrighted work of Educapro or its partners. Documentation ownership is retained by the copyright holder. You expressly agree that any Site Content downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for the correct use of that documentation.

Disclaimers and Warranties

The web site and site content are provided “as is” without warranty of any kind. Educapro and its suppliers expressly disclaim all representations or warranties, either express or implied, as to the web site or the site content, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Educapro does not make any representations or warranties that: (1) the Web Site or Site Content or any products or services purchased from Educapro will meet your requirements or expectations, unless otherwise agreed to in writing in specific circumstances; (2) the operation of the Web Site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; (3) any particular results will be obtained from the use of the Web Site or from any products or services purchased from Educapro; (4) the Site Content is accurate, correct, or timely; (5) the Site Content is updated or otherwise contains current information; or (6) the Site Content has expired or has been removed from the Web Site.

Limitation of Liability

You agree that neither Educapro nor its suppliers shall be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) resulting from: (1) the use of or the inability to use the web site, site content or any products or services; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through Educapro; (3) statements or conduct of any third party on the web site; or (4) reliance on the web site, site content or any products or services on the web site.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.

Links to Third Party Web Sites

The Web Site may include links to various third party web sites. Educapro is providing these links solely as a convenience. Such linked third party sites are not under the control of Educapro. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply Educapro’ endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

Indemnity

You agree to indemnify, defend, and hold harmless Educapro and its officers, employees, directors, agents, suppliers and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorney fees) that arise directly or indirectly out of or from: (1) any breach of these Terms of Use or of any representation or warranty made by you in these Terms Of Use; and/or (2) your activities in connection with the Web Site or Site Contents.

Applicable Laws and Jurisdiction

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Educapro site and your purchase of the products or services on the site.

The Site Content and/or products and services available through the Web Site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.

Educapro’s management indirectly controls the Web Site (excluding third party linked sites) from its corporate address in California, United States of America. Educapro makes no representation that Site Content is appropriate or available for use in all locations, and accessing the Web Site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of California, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Web site.

Copyrights and Trademarks

The Web Site and Site Content is the property of Educapro Learning and Performance, Inc. and its licensors and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Educapro at the Web Site are reserved to Educapro and its licensors. Copyright © 2014 Educapro Learning and Performance, Inc. and its licensors. All rights reserved.

The following are Educapro trademarks: EDUCAPRO, STRATETY, the Educapro logo, the marks related to Educapro and Stratety products and services. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site or in any Site Content are the sole property of their respective owners.

Copyright Complaints

Educapro and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to copyright@educapro.com with a complete explanation of your claim. Pursuant to Title 17, United States Code, Section 512(c)(2) notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. We hereby establish our designated agent email address as copyright@educapro.com. Alternatively, you may send your written grievance to the following address by regular post:

 

Educapro Learning and Performance, Inc.
Attn: Designated Agent
101 N. Cypress Street
Suite 312
La Habra, CA 90631