Terms of Use

Educational Insights Website
Terms of Use and Notices
Agreement Between User and
Educational Insights a divisional of Learning Resources Inc.

The Educational Insights website is owned, operated, and maintained by Educational Insights, a division of Learning Resources Inc., located in Vernon Hills, Illinois (“Educational Insights”).

ACCEPTANCE OF TERMS

The Website and its related pages and services (collectively ‘Website”) are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Website, including placing orders to purchase products from Educational Insights, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Website may also be subject to additional terms as set forth in such section (“Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Website or with any terms included with any product purchased from Educational Insights, then these terms shall control.

SITE LICENSE AND ACCESS

Educational Insights grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Educational Insights. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Educational Insights and/or its affiliates without express written consent of Educational Insights. You may not use any meta tags or any other "hidden text" utilizing Educational Insights’ name or trademarks without the express written consent of Educational Insights. Any unauthorized use terminates the permission or license granted by Educational Insights.

You may not create a link to the Website without express written permission of Educational Insights. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website (www.Educational Insights.com) so long as the link does not portray Educational Insights, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Educational Insights logo or other proprietary graphic or trademark as part of the link without express written permission of Educational Insights.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website (or the network(s) connected to the Website) or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Educational Insights and its business partners and customers (“Business Agreement”), the Business Agreement shall control.

MODIFICATION OF THESE TERMS OF USE

Educational Insights reserves the right to change the terms, conditions, and notices concerning use of the Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Website. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Educational Insights reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Website or any portion thereof at any time, without notice.

You must be at least 18 years of age to transact any business with Educational Insights or to submit any Personal Information to Educational Insights. As such, if you transact or attempt to transact any business with Educational Insights or submit or attempt to submit any Personal Information to Educational Insights, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Website.

MATERIALS PROVIDED TO Educational Insights

If you submit any feedback, suggestions, posts or other communications (each a "Submission" and collectively "Submissions") to the Website or to Educational Insights, you are granting Educational Insights, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Educational Insights is under no obligation to post or use any Submission you may provide and Educational Insights may remove any Submission at any time in its sole discretion.

TRADEMARKS

All trademarks and trade dress that appear on the Website (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Educational Insights (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of Educational Insights and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Educational Insights and, as such, may only by used by Educational Insights or other authorized persons or entities for the benefit of Educational Insights and only in connection with the products and services authorized by Educational Insights. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Educational Insights, its affiliates, subsidiaries or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of Educational Insights. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download in connection with the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of Educational Insights and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Website is the exclusive property of Educational Insights and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Educational Insights and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Send notifications to:
Much Shelist, P.C.
191 N. Wacker Avenue, Suite 1800
Chicago, Illinois 60606
Fax: 312-521-2100

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of Educational Insights may receive a password from Educational Insights to access certain information on the Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Educational Insights immediately of any unauthorized use of your account or any other breach of security. Educational Insights will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Educational Insights or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Educational Insights.

LINKS TO THIRD PARTY SITES

The Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Educational Insights and Educational Insights is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Educational Insights is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Educational Insights responsible if the Linked Site is not working appropriately. Educational Insights is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Educational Insights of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Educational Insights shall not be responsible or liable for any part of any such dealings or promotions.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement for disclosures relating to the collection and use of your personal information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND TO THE INFORMATION THEREIN. EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL EDUCATIONAL INSIGHTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDUCATIONAL INSIGHTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, EDUCATIONAL INSIGHTS’ LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO EDUCATIONAL INSIGHTS TO ACCESS THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST EDUCATIONAL INSIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

INDEMNIFICATION

You agree to indemnify and hold Educational Insights, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Website and/or any information (text or graphical), software, or products obtained through the Website and/or from Educational Insights.

APPLICABLE LAW

All disputes against Educational Insights, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Educational Insights’ trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Illinois, U.S.A. and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Cook County, Illinois, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Educational Insights with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Educational Insights with respect to the Website.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday via e-mail at CS@educationalinsights.com or by telephone at 1-888-800-7893