Terms and Conditions

Introduction

This website is owned and operated by EDceptional, Inc. These Terms of Service (collectively as “Terms”) apply to the website and its associated subpages, (collectively as the “Site”), which are owned and operated by EDceptional, Inc. (hereinafter “EDceptional” , “we” , “our” , or “us”).  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to be bound by the following Terms. Please read these Terms before using the Site. These Terms govern your use of the Site; by accessing and using the Site, you agree to be bound by these Terms and our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is effective March 7, 2024.

We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, and/or use the Site, provided that: (a) all intellectual property notices are kept intact; (b) you make no modifications to the Site; (c) you do not yourself allow, or permit any third party, to insert any code to manipulate the Site in any way; and (d) no graphics available from this Site may be used, copied, or distributed separate from the accompanying text.  All other rights are expressly reserved to EDceptional.

Access and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

Linking Policy

EDceptional grants you a limited, non-exclusive, revocable right to create a hyperlink to the Site; provided, however, that any such website that hyperlinks to the Site: (a) does not portray us or any of its products, services or programs in a false, misleading, derogatory or otherwise defamatory manner; (b) must not frame or utilize framing techniques to create or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) does not imply that EDceptional is endorsing or sponsoring it or its products without EDceptional’s prior written consent; (d) must not use any EDceptional trademarks (including in any meta-tags or similar technique) without prior written consent; and (e) must not contain content that is offensive, controversial, or otherwise objectionable (in our sole opinion).  Notwithstanding the foregoing, EDceptional reserves the right to prohibit linking to the Site for any reason.

The Site may provide hyperlinks to third-party websites. These links are provided for convenience only.  We make no representations or warranties of any kind regarding the security, quality, or content of such third-party websites.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.

  • You understand that, in order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • Engaging in any conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) is strictly prohibited.
  • Transmitting, or procuring the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation is strictly prohibited.
  • Impersonating or attempting to impersonate us, or employees, or another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing is strictly prohibited
  • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability, is strictly prohibited

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Indemnification

You agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless EDceptional, Inc., its officers, directors, trustees, predecessors and/or successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EDceptional, Inc. by any third party, whether directly or indirectly, due to or arising out of or in connection with your use of the Site.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.

Updates

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Limitation of Warranties

THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  EDCEPTIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE AND NON-INFRINGEMENT.  EDCEPTIONAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, CURRENT OR ERROR-FREE, OR THAT ANY SUCH ERRORS SHALL BE CORRECTED.  EDCEPTIONAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES.  YOUR USE OF THE SITE AND ANY INFORMATION OBTAINED THROUGH YOURS USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM SAID USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL EDCEPTIONAL OR ITS OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES (INCLUDING RELIANCE DAMAGES) CAUSED BY ANY INFORMATION OBTAINED FROM EDCEPTIONAL, OR THAT RESULTS FROM ANY FAILURE IN PERFORMANCE OF THE SITE OR EDCEPTIONAL’S COMPUTER SYSTEMS, INCLUDING BUT NOT LIMITED TO FAILURES CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR EDCEPTIONAL’S COMPUTER SYSTEMS.

Intellectual Property

All content, features and functionality available on the Site including but not limited to text, graphics, website name, code, images, logos, information, and the design, selection and arrangement thereof, are the intellectual property of EDceptional, its licensors, or other providers of such material, and are protected by applicable law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by EDceptional.

The entire contents of the Site are copyrighted under the laws of the United States.  No part of the Site (whether in whole or in part) may be copied, reproduced, downloaded or distributed in any way, without our prior written permission, except as expressly provided herein. You are permitted to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

“EDceptional” and the various logos displayed on the Site are the trademarks/service marks.  You may not display or use any such marks in any manner for any purpose whatsoever without our prior written permission.  Any unauthorized use of the Site is prohibited.  References to any third-party intellectual property, products, services, or information does not constitute or imply an endorsement, sponsorship or recommendation thereof by EDceptional.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Location and Foreign Use Notice

The Site is controlled and operated by EDceptional from the United States.  EDceptional makes no representations or warranties that the Site is appropriate or available for use in locations outside of the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, and any information you provide to us will be transferred to the United States and by your submission of such information you consent to this transfer and storage of the data in the United States.  We reserve the right to limit the availability of the Site and its contents to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Severability and Non-Waiver

If any provision of these Terms shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions herein.  The failure of EDceptional to enforce performance of these Terms or to exercise any rights or remedies hereunder shall not be construed as a waiver of EDceptional’s right to assert or enforce such rights or remedies in that or any other instance.

Applicable Law, Jurisdiction and Venue

These Terms shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles.  Any case, controversy, suit, action, or proceeding in connection with or related to these Terms, or the use of the Site, shall be brought and venued only in the state or federal court with jurisdiction sitting in Monroe County, New York, and you consent to personal jurisdiction in the state or federal courts located in the State of New York.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the entire agreement between you and EDceptional, Inc. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with regard thereto.

Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:

EDceptional, Inc.
16 E. Main St., Suite 925
Rochester, NY   14614
(585) 491-9700
contact@edceptional.org

Last Updated March 7, 2024