TERMS OF USE & CONDITIONS OF SALE

OVERVIEW

IMPORTANT—PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING OR USING OR PLACING AN ORDER THROUGH OUR SITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 14 and 15). THEY FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Your use of www.everydayeducation.info/terms-of-service, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”), is owned and maintained by Everyday Education, LLC.  (“Everyday Education,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Site, including all information, tools, products, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, or placing an order over the Site, you agree to the terms set forth herein. If you do not agree to these terms and conditions, you are not authorized to use the Site in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND CLASS ACTION PARTICIPATION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://www.everydayeducation.info/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

 

I. Site Use

Everyday Education’s Site, products, and services are only for adults. By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

 

II. Changes to these Terms

Everyday Education reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms anytime by visiting this page (https://www.everydayeducation.info/terms-of-service). It is your responsibility to check this page periodically for changes.  Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

 

III. Privacy and Security Disclosure

Everyday Education’s Privacy Policy may be viewed at https://www.everydayeducation.info/privacy-policy. The Policy is hereby incorporated into these Terms by reference and constitutes a part of this Agreement. Stock Navigator reserves the right to modify the Policy at its sole discretion.

 

IV. No Investment Recommendations or Professional Advice

Everyday Education does not provide personalized investment advice. Neither the Site nor Everyday Education’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Site or through any of Everyday Education's products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Everyday Education or any third party. You alone are solely responsible for determining whether any investment, security strategy, or other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations regarding a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to several risks, and discussions of any security published on the Site will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by reliable sources, that the calculations on our Site are made using such data, and that these sources do not guarantee such calculations, the information providers, or any other person or entity and may not be complete.

From time to time, our Site may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Site is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. You are responsible for setting your browser's cache settings to ensure you are receiving the most recent data.

 

V. Securities & Investing Disclaimer

Stocks and options trading have large potential rewards but also large potential risks. You must be aware of the risks and be willing to accept them to invest in the stocks and options markets. Don’t trade with money you can’t afford to lose. Everyday Education does not represent that any account will or is likely to achieve profits or losses similar to those discussed on the Site. The past performance of any trading system or methodology is not necessarily indicative of future results. All trades, patterns, charts, systems, etc., discussed on the Site are for illustrative purposes only and not to be construed as specific advisory recommendations. Information contained on the Site is intended for informational purposes only.

 

VI. Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks, and logos contained therein are the property of Everyday Education and its third-party licensors or providers. You may access and use the Content and download and/or print out copies of any content from the Site solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by using the Site. Everyday Education reserves all rights not expressly granted in and to the Site.

 

VII. User Conduct

You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.

In addition, in connection with your use of the Site and its products or services, you agree not to: 

• Restrict or inhibit any other visitor from using the Site, including, without limitation, utilizing “hacking” or defacing any portion of the Site;
• Use the Site for any unlawful purpose;
• Express or imply that we endorse any statements you make without our prior written consent;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
• Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about visitors to the Site without their express consent;
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc., to other users of the Site; or
• Transmit any Content that contains software viruses or other harmful computer code, files, or programs.

 

VIII. Account Registration

You must create an account to access some of the Site's products or services. By creating this account, you agree to the following:

• You may only maintain a single account;
• You may never share your account username or password or knowingly provide or authorize access to your account; 
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account, and
• You will be liable for any use of your account or password and the losses of Stock Navigators or others due to such unauthorized use. We will not be liable for the losses caused by any unauthorized use of your account.

Everyday Education has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

 

IX. Automatic Billing and Cancellation Policy

Some of Everyday Education's products and services are provided on a subscription basis. If you purchase a subscription, it will automatically renew at the then-current rate for the subscribed product or service until you notify us of your decision to terminate it. 

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the credit card or PayPal account that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) or PayPal account you have on file. The first card will be used if you have multiple cards on file. If you have more than one credit card on file, and one or more has expired, we will use the unexpired credit card. 

You may cancel your subscription(s) at any time. To cancel your membership, please contact us in writing by email ([email protected]). Cancellation will take effect no later than three business days after we receive your notification.

 

X. Refunds

Everyday Education’s products and services have different refund policies, including some for which there is no refund. Please review the specific terms for each product or service before subscribing to it. By subscribing to a specific product or service, you agree to be bound by the terms of the applicable return policy. Don't hesitate to contact customer support at [email protected] if you have any questions regarding whether you may receive a refund for a particular product or service.

 

Everyday Education Course Refund Policy:

• Students can only request a refund if it is within 14 days of signing this agreement
• Student must have only watched the first two weeks of course content; nothing more
• Student must have also completed Week 1 Quiz within 14 days of signing this agreement
• Everyday Education will keep 10% of the total cost of the program to account for processing and merchant fees made upon purchase.

 

XI. Payment Methods

All charges are in U.S. Dollars. We accept U.S.-issued credit and debit cards from Visa, MasterCard, American Express, Discover, and PayPal.

When placing an order online with a credit or debit card, you will need:

1. The address the card’s statement is sent to (billing address); 
2. The card number and expiration date; and
3. The three or 4-digit code is found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request and receive updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. Suppose such updated information is provided to us and our third-party payment service providers. In that case, we will update your account information accordingly and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may allow you to opt out of providing vendors and third-party payment service providers with your updated credit card information. You should contact your credit card issuer if you wish to opt out of your credit card updating service.

We are not responsible for any fees or charges your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method, including a mailed statement.

 

XII. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many different available external third party social media platforms we may utilize (“Social Media Presence”). 

Social media platforms are places of public information exchange, and you should not expect privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. We do not control the sites and platforms that host our Social Media Presence and, therefore, have their privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the views of Stock Navigators. Comments that some would consider inappropriate or offensive may appear on our social media presence and remain there until we have identified them or called them to our attention. We can work through the necessary procedures and technical processes to have them removed. Suppose you see an offensive or inappropriate post or comment on our Social Media Presence. In that case, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

 

XIII. Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Everyday Education

Attn: Copyright Agent

13231 W Stella Lane

Litchfield Park, AZ 85340

Tel: ‪(480) 478-0249‬

Email: [email protected]

 

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. Suppose we believe in good faith that the posted material violates any applicable law. In that case, we will remove or disable access to it and notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.

 

XIV. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SITE OR OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

XV. DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL EVERYDAY EDUCATION OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER EVERYDAY EDUCATION HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, EVERYDAY EDUCATION ARE FOUND LIABLE UNDER ANY THEORY, EVERYDAY EDUCATION'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER EVERYDAY EDUCATION WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

XVI. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

 

A. General

Arbitration is resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Everyday Education, or any involved third party relating to your account, your use of the Site, your relationship with Everyday Education, these Terms, or the Privacy Policy. This includes any claims related to your use or attempted use of the products or services and any act or omission by Everyday Education or any third party related to your use or attempted use of the products or services. You, Everyday Education, or any involved third party may pursue a Claim. Everyday Education agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Everyday Education. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration. It is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

B. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Everyday Education both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Everyday Education will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration. They must be adjudicated only in the state or federal courts located in Arizona: (i) an action by Everyday Education relating to the infringement or validity of our proprietary rights, including, without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Everyday Education for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or class-wide arbitration. Small claims matters may be filed in any court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts in Phoenix, Arizona, and forever waive any challenge to said courts’ jurisdiction and venue.

 

C. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Everyday Education, Attn: Legal Department, 13231 W Stella Lane, Litchfield Park, AZ 85340. Everyday Education will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Everyday Education or its designated representative in good faith about your problem or dispute. If the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Phoenix, Arizona, to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to and forever waive any challenge to the exclusive personal jurisdiction and venue of said courts in such actions.

 

D. Commencing Arbitration

You and Everyday Education agree to commence any arbitration proceeding within one year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one year shall be forever barred.

 

E. Arbitration Location

If the amount in controversy is $500 or less, the arbitration may be conducted by telephone or written submissions. Otherwise, it shall be conducted in Phoenix, Arizona, unless Everyday Education agrees to arbitrate in another forum you request.

 

F. Organization, Rules, and the Arbitrator

We each agree that any Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party within the period outlined in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of AAA’s Commercial Dispute Resolutions Procedures and Supplementary Procedures for Consumer-Related Disputes, which will be in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory and whether a non-signatory to this agreement can enforce this provision against you or Everyday Education.

 

G. Fees

The AAA’s Rules will govern the payment of all filing, administration, and arbitrator fees. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

 

H. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Arizona without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and be final, subject to appeal under the FAA. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

 

I. Enforceability

This provision survives termination of your account or relationship with Everyday Education, bankruptcy, assignment, or transfer. Suppose the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action). In that case, this entire arbitration provision shall be rendered null and void and not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions shall remain in full force and effect.

 

J. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration later or in connection with any other Claims, except that all Claims must be brought within the one-year limitation period set forth above. This provision is the entire arbitration agreement between you and Everyday Education and shall not be modified except in writing by Everyday Education.

Customer is aware that Everyday Education may record conversations between any of them and Customer or Customer’s representatives relating to the matters referred to in this Agreement. Customer has no objection and hereby agrees to such recording.

 

K. Amendments

Everyday Education reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of an Everyday Education product or service affirms your consent to such changes. Should the changes to this arbitration provision be material, Everyday Education will provide you notice and an opportunity to opt out. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of an Everyday Education product or service affirms your consent to such material changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT EVERYDAY EDUCATION, Everyday Education, Attn: Legal Department, 13231 W Stella Lane, Litchfield Park, AZ 85340. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION, AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS OUTLINED IN THIS AGREEMENT. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.

 

XVII. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Everyday Education, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

 

XVIII. Third-Party Websites and Links

Our Site may include materials from third parties or links to third-party websites. Everyday Education is not liable for any third-party materials or websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

XIX. Testimonials, Reviews, and Other Submissions

Everyday Education is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review you provide Everyday Education is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Everyday Education may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any advertising relating to Everyday Education's products or services in printed and online media, as Everyday Education determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial and do not necessarily reflect the experience that you may have using our products or services.

Anything that you submit or post to the Site and/or provide us, including, without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, Everyday Education reserves the right to correct grammatical and typing errors, to shorten testimonials before publication or use, and to review all testimonials before publication or use. Everyday Education shall be under no obligation to use any part of any testimonial or product/service review submitted. If you submit a testimonial, you confirm that you have read, understood, and agree to these Terms. Do not submit a testimonial if you disagree with any part of these Terms.

 

XX. Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

XXI. Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Everyday Education and its affiliates may, in their individual discretion, transfer all contractual rights and obligations pursuant to these Terms without further consent or notification if some or all of Everyday Education's business is transferred to another entity by merger, sale of its assets, or otherwise.

 

XXII. No Waiver

No waiver by Everyday Education of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Everyday Education to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

XXIII. No Agency Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Everyday Education due to receipt of any Everyday Education product, use of any Stock Navigators service, or use of the Site.

 

XXIV. Severability 

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

XXV. Termination

In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

 

XXVI. Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and Everyday Education and supersede and replace any prior or contemporaneous agreements. Any ambiguities in interpreting these Terms or the Agreement shall not be construed against the drafting party.

 

XXVII. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please get in touch with our customer support team by phone, mail, and email at the following: 

 

Everyday Education

13231 W Stella Lane

Litchfield Park, AZ 85340

Tel: ‪(480) 478-0249‬

Email: [email protected]