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Terms of Service

1. Terms of Use/Service

The following terms of service and conditions (“TOS”) govern all use of the edifyedservices.com website (“Website”) and all content, services and products available at or through the Website (“Services”). The Website is owned and operated by EDIFY EDUCATION SERVICES LLC (“Edify Ed Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Edify Education Services.

Please read the TOS carefully before accessing our Website or using our Services. By accessing or using any part of the Website, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access the Website or use any Services.

2. Your Edify Ed Services Account

A member account (“Account”) is the area in our Website, which is accessible via a password and contains personal information regarding the user. An Account must be set up by Edify Education Services. Once an Account is created on the Website, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify Edify Education Services at admin@edifyedservices.com of any unauthorized uses of your Account or any other breaches of security. Edify Ed Services will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a member implies providing a valid e-mail address for the communication between Edify Education Services and the member and a valid name.

3. Responsibility of Website Visitors

By operating the Website, Edify Education Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Edify Education Services disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Edify Education Services. Edify Education Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Edify Education Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which edifyedservices.com links, and that link to edifyedservices.com. Edify Education Services does not have any control over those non-edifyedservices.com websites or webpages and is not responsible for their contents of their use. By linking to a non-edifyedservices.com website or webpage, Edify Education Services does not represent or imply that it endorses such website or webpage.

5. Payment Information

Access to the Website is free. We do require payment from members.   Edify Ed Services does not collect nor store your credit card information.

6. Disclaimer of Warranties/Limitation of Liability

The Website is provided “as is”. Edify Ed Services disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, Edify Ed Services disclaims any warranties for viruses and other harmful components in connection with the Website.

EDIFY ED SERVICES DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDIFY ED SERVICES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EDIFY ED SERVICES, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL EDIFY ED SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR  USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EDIFY ED SERVICES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EDIFY ED SERVICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT IS POSTED ON ITS WEBSITE OR ITS SEMINARS AS WELL AS FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO CONDUCT BUSINESS PROPERLY OF THE MEMBERS.

EDIFY ED SERVICES IS NOT RESPONSIBLE FOR THE INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, INFORMATION OR OWNER’S CONTENT THAT IS POSTED ON THE WEBSITE.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Confidentiality / Non-disclosure

As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOS. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOS. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

9. Indemnification

You agree to indemnify and hold harmless Edify Education Services, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the TOS.

10. Copyright Infringement

As Edify Education Services asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Edify Education Services violates your copyright, you are encouraged to notify Edify Education Services. Edify Education Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Edify Education Services will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Edify Education Services or others.

11. Intellectual Property

The TOS do not transfer from Edify Education Services to you any Edify Education Services or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Edify Education Services. Edify Education Services, the Edify Education Services logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Edify Education Services LLC or  Edify Education Services’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Edify Education Services or third-party trademarks.

12. Assignment & Modifications

Edify Education Services reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Edify Education Services.  To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

Edify Education Services reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website following the posting of any changes to the TOS constitutes acceptance of those changes. Edify Education Services may also, in the future offer new services and / or features through the Website. Such new features and/or services shall be subject to the TOS.

13. Termination

Edify Education Services may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Website or e-mail us at admin@edifyedservices.com with a request to cancel your Account. Notwithstanding the foregoing, Edify Education Services can terminate your Account if you materially breach the TOS and fail to cure within thirty (30) days from  Edify Education Services’s notice to you thereof; provided that,  Edify Education Services can terminate the Website immediately as part of a general shut down of our Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Applicable Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

15. Arbitration

Any dispute arising under this Agreement, it shall be resolved by arbitration by a single Arbitrator in Richmond, Virginia in accordance with the then current rules of the American Arbitration Association.  In the event that any party fails to submit any dispute arising from this agreement to mediation first, or fails to meaningfully participate in mediation, that party will not be entitled to attorney’s fees as provided in this paragraph. Any judgment upon the award entered by the arbitrator may be entered in any Court having jurisdiction. Costs of arbitration, including reasonable attorney’s fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney’s fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

16. Miscellaneous

  • This Agreement constitutes the entire agreement between  Edify Education Services and you concerning the subject matter hereof.

  • If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

  • A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

  • You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.

  • This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns