Member Agreement

Our Member Agreement (“Agreements”) of www.everydayeducation.info and all related content, materials, and services (collectively, the “Site”) is hereby made effective as of Oct 1, 2023, by Everyday Education, LLC (“Everyday Education,” or “we” or “us” or “our”).

By clicking “I AGREE” and/or using or accessing the Site, you hereby agree (a) that you have received, read, and understood these Agreements and that these Agreements create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Agreements, any terms, conditions or other rules, regulations or policies of Everyday Education, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Agreements, you are prohibited from using or accessing the Site.

Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Everyday Education, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Everyday Education, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Everyday Education, (d) have full power and authority to enter into and perform these Agreements, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Everyday Education, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.

Ownership; Limited License

By becoming a customer of Everyday Education and using the Site, Everyday Education hereby grants to you a limited, revocable license to use the Site and its content, materials, and services solely for your personal use and for the purposes set forth on the Site, and subject to these Agreements and all other rules, regulations and policies imposed or adopted by Everyday Education in connection with the Site, which Everyday Education may amend at any time in its sole discretion and without notice. Such limited, revocable license is freely revocable and terminable by Everyday Education at any time, without cause, and in the sole discretion of Everyday Education. Without limiting the foregoing, this limited, revocable license shall automatically be revoked and terminated upon any violation of these Agreements or any other rule, regulation, or policy of Everyday Education. Upon revocation or termination of this limited, revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control and acknowledge that after such revocation or termination, Everyday Education may deny your access to the Site and any other Everyday Education content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by Everyday Education will be preserved or disposed of in accordance with the terms of the Privacy Policy of Everyday Education. Any information you submit to Everyday Education is at your own risk of loss, and Everyday Education assumes no liability or responsibility.

Everyday Education reserves all rights not expressly granted in these Agreements, including, without limitation, title, ownership, intellectual property rights, and all other rights, titles, and interests in and to the Site, the products and services of Everyday Education, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Everyday Education, and all related content, materials, services, and other documents, information, or items, including any copies or derivative works thereof, are owned by Everyday Education and are protected by copyright, trademark, and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Everyday Education, and related content, materials, services, and other documents, information, or items, including any copies or derivative works thereof, contain specific proprietary data and information of Everyday Education, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.

Additionally, you grant Everyday Education an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicensable, fully paid up, and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or any third parties.

CONSENT TO UTILIZE AUDIO, VIDEO, AND PHOTOGRAPHY FROM LIVE EVENTS

Everyday Education may occasionally host in-person events. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Everyday Education events, you agree to allow Everyday Education to utilize audio, video, and photographs that you may appear in.

VIOLATION; TERMINATION OF ACCOUNT

Everyday Education reserves the right to investigate violations of any of these Agreements or any other policies of Everyday Education or the Site or any other violations of any state, federal, or local law, rule, or regulation and to pursue any remedy available to Everyday Education whether at law, in equity or otherwise. You hereby acknowledge and agree that Everyday Education may notify, involve, and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Agreements or any other policies of Everyday Education or the Site and any other violations of any state, federal, or local laws, rules or regulations. You further acknowledge and agree that Everyday Education has no obligation to, and does not, screen or monitor any users, information, materials, or other content provided or made available through the Site but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Everyday Education may, in its sole discretion, remove or delete any entries, information, materials, or other content and terminate the subscription, membership, or account (collectively, your “account”) of any user, that violates these Agreements or otherwise posts, submits, or disseminates content that Everyday Education finds, in its sole discretion, to be objectionable.

You acknowledge and agree that Everyday Education may, in its sole discretion, cancel, suspend, or terminate your account if you breach these Agreements. Everyday Education may refuse, in its sole discretion, to permit any use of the Site and may refuse to permit any person to access or use the Site or your account for any reason. You acknowledge and agree that Everyday Education may, in its sole discretion, cancel, suspend, or terminate your account if you breach these Agreements. Everyday Education may refuse, in its sole discretion, to permit any use of the Site and may refuse to permit any person to access or use the Site or your account for any reason.

PURCHASES AND REFUNDS

Through the Site, Everyday Education offers individual products for sale and subscription, membership, or other periodic fee-based services. A valid credit card is required to complete the purchase of individual products purchased through the Site, and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.

When purchasing a subscription, membership, or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge, and allow Everyday Education to store (or cause a third party to store on behalf of Everyday Education) such payment information and agree to the following policies and procedures for payment of subscription, membership, or other periodic fees related to the Site.

Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days before the expiration of the initially selected period or term and each subsequent such period or term until your account or other periodic service is canceled in accordance with these Agreements, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed. Everyday Education will bill an amount for your renewed account or service to such credit card in accordance with the Site’s then-current pricing schedule. Suppose the credit card associated with your account or service should expire or be terminated, or the issuing company otherwise rejects any payment. In that case, Everyday Education may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof and (2) that a valid email address remains on file for your account or service for any communications from Everyday Education related thereto.

All payments made to Everyday Education in connection with any product purchased or account or service and any renewal thereof are non-refundable. Everyday Education does not offer and is not required to provide any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service before its automatic renewal. There is no circumstance in which you will be entitled to, or Everyday Education is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service before its automatic renewal.

All fees charged by Everyday Education in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority. You shall be, and hereby are, responsible for paying all such taxes, levies, or obligations arising from your purchase of products or use of the Site.

MODIFICATIONS TO THE SITE AND PRICING

Everyday Education reserves the right to, and you acknowledge and agree that Everyday Education may modify the Site, including without limitation the content, materials, and services offered thereby, and the fees, costs, and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Everyday Education reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Agreements and may result, in Everyday Education's sole discretion, to a price increase. Everyday Education shall not be liable to you or any third party for any damages, costs, expenses, or other liabilities related to any modification, price change, suspension, or discontinuance of the Site.

Without limiting the foregoing, Everyday Education may use banner notices or similar devices to alert you to certain modifications to the Site or the associated pricing. Alternatively, notice may consist of an email from Everyday Education or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Everyday Education may communicate with you through any available means, including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.

CANCELLATIONS

Your account or service may be canceled at any time, subject to the terms hereof. However, as set forth above, no refunds will be issued if your account or other periodic fee-based service is canceled before the end of the applicable period or term.

You are solely responsible for canceling your account or service when you cancel. Your account or service may be canceled at any time by (i) clicking here or by clicking on the “Subscriptions” tab on the Member Dashboard, which is accessed, among other means, by the “Dashboard” tab at the top of the home page of the Site, and by following the onscreen prompts, or (ii) by requesting such cancellation in writing by email to [email protected], which cancellation request must receive a confirmation of receipt from Everyday Education and which cancellation will be processed by Everyday Education in accordance with its timelines and procedures for email cancellations.

Cancellation requests by telephone, facsimile, or other means of communication cannot, and will not, be accepted, honored, or practical. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site, and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content, or information can be recovered once your account or service is canceled, and you assume all responsibility for preserving any data, content, or information on your account or service before its cancellation. Everyday Education may retain data, content, or information from your account after cancellation in backup and/or archival copies of the Site and related databases. Still, such copies, if any, will not be available to you.

GENERAL DISCLAIMER OF WARRANTIES: THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.

EVERYDAY EDUCATION DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, EVERYDAY EDUCATION DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; EVERYDAY EDUCATION DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

EVERYDAY EDUCATION DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT, OR ADVICE OBTAINED THROUGH THE SITE, AND EVERYDAY EDUCATION DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE AND ANY CONTENT, SERVICES, OR OTHER INFORMATION OR MATERIALS RELATED THERETO IS SOLELY AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST, OR EXPENSE RELATED TO OR ARISING FROM THE WARRANTIES DISCLAIMED BY EVERYDAY EDUCATION.