<\/p>\n\n\n\n
<\/p>\n\n\n\n
\n Please read these software as a service terms and conditions (\u201cagreement\u201d) carefully before\n using the\n services\n offered by edubook (\u201csupplier\u201d, as defined below). by using this website\/app and the services,\n you agree\n to\n become bound by the terms and conditions of this agreement on behalf of yourself or the\n organization,\n company, or\n entity for which you act (\u201ccustomer\u201d or \u201cyou\u201d) and represent that you have the authority to bind\n customer to this\n agreement. If you do not have such authority or you do not agree to all the terms and conditions\n of this\n agreement, you must not accept this agreement, and you will not have any right to use the\n services\n offered by supplier.\n Registration by \u201cbots\u201d or other automated methods are not permitted. supplier\u2019s acceptance is\n expressly\n conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion\n of all\n other terms; if this agreement is considered an offer by supplier, acceptance is expressly\n limited to this agreement.\n <\/p>\n
Certain features of the Services may require you to pay fees. Before you pay any\n fees,\n you will\n have an\n opportunity to review and accept the fees that you will be charged. All fees are\n in U.S.\n Dollars\n and,\n unless explicitly\n provided otherwise herein, are non-refundable.<\/p>\n
You authorize Supplier or a third party payment processor to charge\n all sums for the Orders you enter into, orders that you make and\n any level of Services you select as described in this Agreement\n or published by Supplier, including all applicable taxes, to the\n payment method specified in your account. If you pay any fees\n with a credit card, a third party payment processor may seek\n pre-authorization of your credit card account prior to your\n purchase to verify that the credit card is valid and has the\n necessary funds or credit available to cover your purchase.<\/p>\n <\/li>\n
The paid Services may include automatically recurring payments for\n periodic charges (\u201cSubscription\u201d). The price, term, and\n restrictions of any Subscription will be set forth in an\n applicable Order. If you activate a Subscription, you authorize\n Supplier to periodically charge, on a going-forward basis and\n until cancellation of either the recurring payments or your\n account, all accrued sums on or before the payment due date for\n the accrued sums. The \u201cSubscription Billing Date\u201d is the date\n when you purchase your first Subscription. For information on\n the \u201cSubscription Fee,\u201d please see our \/prices page. Your\n account will be charged automatically on the Subscription\n Billing Date all applicable fees and taxes for the next\n Subscription period. The Subscription will continue unless and\n until you cancel your Subscription or we terminate it. You must\n cancel your Subscription before it renews in order to avoid\n billing of the next periodic Subscription Fee to your account.\n We will bill the periodic Subscription Fee to the payment method\n you provide to us during registration (or to a different payment\n method if you change your payment information). You may cancel\n the Subscription via your Portal (under Account and Settings) or\n by contacting us at help at EduBook dot com. If Customer\n terminates the Subscription for convenience within the first\n three months of an annual Subscription, Customer will be\n eligible to receive a pro-rated refund of pre-paid amounts,\n excluding a cancellation fee of 10% deducted from such refund.\n Such refund is not available with respect to any renewal\n Subscription period. If you elect not to renew a Subscription,\n your account will be downgraded to the free version of the\n Services and you acknowledge and accept that this may result to\n Customer Content becoming inaccessible or permanently deleted.\n <\/p>\n <\/li>\n
Supplier may suspend or terminate access to the Services, including\n fee-based portions of the Services, for any account for which\n any amount is due but unpaid. In addition to the amount due for\n the Services, a delinquent account will be charged with fees or\n charges that are incidental to any chargeback or collection of\n any the unpaid amount, including collection fees.<\/p>\n \n <\/li><\/ul>\n <\/li>\n
\n If you offer third parties or Authorized Users a Customer Course Store Course or\n Customer Delivered Course, as applicable, in exchange for a fee, then you may\n receive the fees charged less certain fees and expenses (your \u201cCustomerFees\u201d)\n using Supplier\u2019s third-party service provider (e.g., Stripe). You may select the\n fee, as well as the bundling of materials in exchange for a discount, if\n Supplier makes such option available. You may be required to have an account\n with that third-party service provider or with another financial institution in\n order to receive your Customer Fees, and you may be charged fees for any related\n processing services. Any fees charged by Supplier\u2019s third-party service provider\n or by any other financial institution are between you and that provider or\n institution and may be subject to their terms and conditions or any agreement\n you have with them. Supplier may place limits on the balance of Customer Fees\n you need in order to cash out and on the amount of Customer Fees you may cash\n out in any given day or transaction, and Supplier may update these limits from\n time to time at its discretion. In no event may Customer Cash Out more than\n $1,000 per day. \u201cCash Out\u201d means for Customer to receive or redeem Customer\n Fees, whether such payment is made using Supplier\u2019s third-party service provider\n or with another financial institution.\n <\/p>\n <\/li>\n
The term of this Agreement will commence on the Effective Date and\n will continue in\n effect\n unless\n terminated in\n accordance with this Agreement (the \u201cTerm\u201d). On the effective\n date of termination of\n this\n Agreement, all\n then-current Subscriptions under the Agreement will also\n terminate unless otherwise\n agreed by\n Supplier\n and\n Customer.<\/p>\n <\/li>\n
\n Either party shall have the right at any time, by giving notice,\n to terminate this Agreement without liability to the other on\n the occurrence of any of the following events: (a) if the other\n party commits a breach of any of the terms and conditions of\n this Agreement and such breach has not been rectified within\n thirty (30) days after receipt of notice to rectify served on\n the defaulting party by the other party; (b) if the other party\n becomes insolvent, makes a general assignment for the benefit of\n creditors, suffers or permits an appointment of a receiver for\n its business or assets, becomes subject to any proceedings under\n any bankruptcy or insolvency law, whether domestic or foreign,\n is liquidated, voluntarily or otherwise, or suffers any similar\n action in consequence of debt; or (c) if the other party engages\n in illegal activities\n <\/p>\n <\/li>\n
Upon termination of this Agreement: (a) your license rights will\n terminate and you must immediately cease all use of the\n Services; (b) you will no longer be authorized to access your\n account or the Services; (c) you must pay Supplier any unpaid\n amount that was due prior to termination; and (d) all payment\n obligations accrued prior to termination and Sections 1, 5, 7,\n 9.5, 9.6, 10, 13, 15, 16.3, 17, 18, 19, 20, and 21 will survive.\n <\/p>\n <\/li>\n
Supplier reserves the right to modify or discontinue the Services at\n any time (including by limiting or discontinuing certain\n features of the Services), temporarily or permanently, without\n notice to you. Supplier will have no liability for any change to\n the Services or any suspension or termination of your access to\n or use of the Services.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n
\n Supplier and its licensors retain all intellectual property rights in and to the\n Services and its components, including the source code, Documentation, Portals,\n URLs, appearance, structure, organization, preparatory design material, and all\n other elements of the Services (\u201cMaterials\u201d). All Materials in the Services are\n the property of Supplier or its third party licensors. Other than the right to\n use the Services for the Term provided in this Agreement, nothing in this\n Agreement grants Customer any right in the Services. Supplier reserves all\n rights to the Materials not granted expressly in this Agreement. To the extent\n Customer provides Supplier with any feedback relating to the Services (including\n feedback related to usability, performance, interactivity, bug reports and test\n results) (\u201cFeedback\u201d), Supplier will own all right, title and interest in and to\n such Feedback (and Customer hereby makes all assignments necessary to achieve\n such ownership). Customer shall report promptly to Supplier any third-party\n claim served on Customer relating to the intellectual property rights in the\n Services or the Documentation.\n <\/p>\n <\/li>\n\n
Supplier may provide tools through the Services that enable you to\n export information, including Customer Content, to third-party\n services , including through features that allow you to link\n your account on Supplier with an account on the third-party\n service, such as Twitter or Facebook, or through our\n implementation of third-party buttons (such as \u201clike\u201d or \u201cshare\u201d\n buttons). By using one of these tools, you agree that Supplier\n may transfer that information to the applicable third-party\n service. Third-party services are not under Supplier\u2019 control,\n and, to the fullest extent permitted by law, Supplier is not\n responsible for any third-party service\u2019s use of your exported\n information. The Services may also contain links to third-party\n websites. Linked websites are not under Supplier\u2019 control, and\n Supplier is not responsible for their content.\n <\/p>\n <\/li>\n
\n The Services may include or incorporate third-party software\n components that are generally available free of charge under\n licenses granting recipients broad rights to copy, modify, and\n distribute those components (\u201cThird-Party Components\u201d). Although\n the Services are provided to you subject to this Agreement,\n nothing in this Agreement prevents, restricts, or is intended to\n prevent or restrict you from obtaining Third-Party Components\n under the applicable third-party licenses or to limit your use\n of Third-Party Components under those third-party licenses.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n
\n Certain features of the Services may permit users to upload\n courses and other content to\n the\n Services,\n including\n messages, reviews, photos, video, images, folders, data, text,\n and other types of works\n (\u201cCustomer\n Content\u201d) and\n to publish Customer Content on the Services. You retain any\n copyright and other\n proprietary\n rights that\n you may\n hold in the Customer Content that you post to the Services.\n <\/p>\n\n <\/li>\n
\n By providing Customer Content to or via the Services, you grant\n Supplier a worldwide,\n non-exclusive,\n royalty-free, fully paid right and license (with the right to\n sublicense) to host,\n store,\n transfer,\n display, perform,\n reproduce, modify for the purpose of formatting for display, and\n distribute your\n Customer\n Content, in\n whole or in part, for\n providing the Services as described in this Agreement.\n <\/p>\n <\/li>\n
\n By providing Customer Content to or via the Services to other\n users of the Services, you\n grant\n those\n users a\n non-exclusive license to access and use that Customer Content as\n permitted by this\n Agreement and\n the\n functionality\n of the Services.\n <\/p>\n <\/li>\n
\n Supplier disclaims any and all liability in connection with\n Customer Content. You are\n solely\n responsible\n for\n your Customer Content and the consequences of providing Customer\n Content via the\n Services. By\n providing\n Customer\n Content via the Services, you affirm, represent, and warrant to\n us that:\n a) you are the creator and owner of the Customer Content, or\n have the necessary\n licenses,\n rights,\n consents, and\n permissions to authorize Supplier and users of the Services to\n use and distribute your\n Customer\n Content\n as\n necessary to exercise the licenses granted by you in this\n Section, in the manner\n contemplated by\n Supplier, the Services,\n and this Agreement\n b) your Customer Content, and the use of your Customer Content\n as contemplated by this\n Agreement, does\n not and\n will not:\n (i) infringe, violate, or misappropriate any third-party right,\n including intellectual\n property\n rights.\n (ii) slander, defame, libel, or invade the right of privacy,\n publicity or other property\n rights\n of any\n other person.\n (iii) cause Supplier to violate any law or regulation.\n c) your Customer Content could not be deemed by a reasonable\n person to be objectionable,\n profane,\n indecent,\n pornographic, harassing, threatening, embarrassing, hateful, or\n otherwise inappropriate.\n d) You have all necessary approvals and authorizations to convey\n all licenses to\n Supplier\n hereunder\n <\/p>\n <\/li>\n
\n We are under no obligation to edit or control Customer Content\n that you or other users\n post or\n publish,\n and will\n not be in any way responsible or liable for Customer Content.\n Supplier may, however, at\n any time\n and\n without prior\n notice, screen, remove, edit, or block any Customer Content that\n in our sole judgment\n violates\n this\n Agreement or\n is otherwise objectionable. You understand that when using the\n Services you will be\n exposed to\n Customer\n Content\n from a variety of sources and acknowledge that Customer Content\n may be inaccurate,\n offensive,\n indecent,\n or\n objectionable.\n You agree to waive, and do waive, any legal or equitable right\n or remedy you have or may\n have\n against\n Supplier\n with respect to Customer Content. If notified by a user or\n content owner that Customer\n Content\n allegedly\n does not\n conform to this Agreement, we may investigate the allegation and\n determine in our sole\n discretion\n whether to remove the\n Customer Content, which we reserve the right to do at any time\n and without notice. For\n clarity,\n Supplier\n does\n not permit copyright-infringing activities on the Services.\n <\/p>\n <\/li>\n
\n Supplier does not control and does not have any obligation to\n monitor: (a) Customer\n Content; (b)\n any\n content\n made available by third parties; or (c) the use of the Services\n by its users. You\n acknowledge\n and agree\n that Supplier\n reserves the right to, and may from time to time, monitor any\n and all information\n transmitted or\n received\n through the Services for operational purposes. If at any time\n Supplier chooses to\n monitor the\n content,\n Supplier still\n assumes no responsibility or liability for content or any loss\n or damage incurred as a\n result of\n the use\n of\n content.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n
\n Any notice alleging that materials hosted by or distributed\n through the Services\n infringe\n intellectual\n property\n rights must include the following information:\n\n a) an electronic or physical signature of the person authorized\n to act on behalf of the\n owner of\n the\n copyright\n or other right being infringed.\n b) a description of the copyrighted work or other intellectual\n property that you claim\n has been\n infringed.\n c) a description of the material that you claim is infringing\n and where it is located on\n the\n Services.\n your address, telephone number, and email address.\n d) a statement by you that you have a good faith belief that the\n use of the materials on\n the\n Services of\n which\n you are complaining is not authorized by the copyright or\n intellectual property owner,\n its\n agent, or the\n law.\n e) a statement by you that the above information in your notice\n is accurate and that you\n are the\n copyright or\n intellectual property owner or authorized to act on the\n copyright or intellectual\n property\n owner\u2019s\n behalf under\n penalty of perjury.\n <\/p>\n <\/li>\n
\n Supplier will promptly terminate the accounts of users that are\n determined by Supplier\n to be\n repeat\n infringers.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n
Customer hereby acknowledges and agrees that Supplier\u2019 performance of\n this\n Agreement requires Supplier to process, transmit and store\n personal data\n under the documented instructions of the Customer and as further\n specified in the Data Processing Addendum (\u201cDPA\u201d) available at\n DPA.pdf\n which form an integral part to this Agreement.<\/p>\n <\/li>\n\n
Customer hereby also acknowledges and agrees that Edubook may\n process contractual data and service usage data, as strictly\n necessary for the purposes of billing and payments and for\n analysis and benchmarking, and under the same technical and\n organizational security measures as those described in\n Attachment 2 to the DPA. Customer hereby acknowledges and agrees\n that Edubook shall process the name and email address of the\n Customer to communicate with the Customer for the presentation\n and promotion of the Services or of new services. Customer may\n at any time, free of charge, unsubscribe from such electronic\n communication, easily by clicking the button \u201cunsubscribe\u201d\n contained in the electronic communication. Customer also hereby\n acknowledges and accepts Supplier\u2019s Privacy Policy (available at\n \/privacy ).\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n
During the Term, in connection with this Agreement, each party (a \u201cDisclosing\n Party\u201d) may disclose to the other party (a \u201cReceiving Party\u201d) confidential or\n proprietary materials and information of the first party (\u201cConfidential\n Information\u201d). All materials and information disclosed by Disclosing Party to\n Receiving Party under this Agreement and identified at the time of disclosure as\n \u201cConfidential\u201d or bearing a similar legend, and all such other information that\n the Receiving Party reasonably should have known was the confidential\n information of the Disclosing Party, will be considered \u201cConfidential\n Information\u201d; for the avoidance of doubt, the Services, all pricing information\n and terms of this Agreement, are Confidential Information of Supplier. Receiving\n Party will maintain the confidentiality of the Confidential Information and will\n not disclose such information to any third-party without the prior written\n consent of Disclosing Party. Receiving Party will only use the Confidential\n Information internally for the purposes contemplated under this Agreement. The\n obligations in this Section 15 will not apply to any information that: (a) is\n made generally available to the public without breach of this Agreement, (b) is\n developed by the Receiving Party independently from the Disclosing Party\u2019s\n Confidential Information, (c) is disclosed to Receiving Party by a third-party\n without restriction, or (d) was in the Receiving Party\u2019s lawful possession prior\n to the disclosure to the Receiving Party and was not obtained by the Receiving\n Party either directly or indirectly from the Disclosing Party. Receiving Party\n may disclose Confidential Information as required by law or court order;\n provided that, Receiving Party provides Disclosing Party with prompt written\n notice thereof and uses its best efforts to limit disclosure. At any time, upon\n Disclosing Party\u2019s request, Receiving Party will return to Disclosing Party all\n Disclosing Party\u2019s Confidential Information in its possession, including all\n copies and extracts thereof. Notwithstanding the foregoing, (i) Receiving Party\n may disclose Confidential Information to any third-party to the limited extent\n necessary to exercise its rights, or perform its obligations, under this\n Agreement; provided that, all such third parties are bound in writing by\n obligations of confidentiality and non-use at least as protective of the\n Disclosing Party\u2019s Confidential Information as the terms of this Agreement and\n (ii) all Feedback be solely, as between the parties, Confidential Information of\n Supplier.\n <\/p>\n <\/li>\n\n
Each party warrants that:\n (a) it is a validly existing and duly incorporated company in\n accordance\n with\n respective local laws.\n (b) it has full power, legal right and authority to enter into\n this\n Agreement,\n and to do\n all acts and things and execute and deliver all other documents\n as are\n required\n hereunder to be\n done,\n observed or\n performed by it in accordance with its the terms of this\n Agreement.\n (c) it has taken all necessary corporate\n action to authorize the creation, execution, delivery and\n performance of\n this\n Agreement,\n and to\n observe\n and\n perform the provisions of this Agreement in accordance with\n their terms.\n <\/p>\n <\/li>\n
Supplier further warrants that during throughout the Term, when\n utilized\n in\n accordance\n with their\n current\n Documentation and under normal use and circumstances, the\n Services will\n operate\n in\n material\n conformance\n with the\n Documentation.<\/p>\n <\/li>\n
Except as set forth in this section 16, supplier makes no\n representations\n or\n warranties or\n conditions of any\n kind concerning the services, the materials, or their use,\n accuracy, or\n function.\n Specifically,\n supplier\n provides\n the services on an \u201cas-is\u201d basis and \u201cas-available basis\u201d and\n disclaims\n all\n warranties,\n express,\n implied, or statutory,\n regarding the services, including any warranties of\n merchantability,\n fitness for\n a\n particular\n purpose,\n title, and\n non-infringement. No representation or other affirmation of fact\n regarding the\n services\n shall be\n deemed\n a warranty\n or guarantee for any purpose or give rise to any supplier\u2019\n liability of\n third\n parties\n whatsoever.\n Customer acknowledges\n that it relied on no warranties or statements other than as may\n be set\n forth\n herein.\n Supplier\n does not\n warrant that the\n services or content offered through the services, will be\n uninterrupted,\n secure,\n or free\n of\n errors,\n viruses, or other\n harmful components, and supplier does not warrant that any of\n those\n issues will\n be\n corrected.\n Customer\n is solely responsible for determining fees charged to authorized\n users,\n and\n supplier\n will not be\n liable\n for any discrepancy between fees charged to authorized users and\n fees\n customer\n owes to\n supplier.\n The\n limitations, exclusions, and disclaimers in this section 16.3\n apply to\n the\n fullest\n extent\n permitted by\n law. Supplier does not disclaim any warranty or other right that\n supplier is\n prohibited\n from\n disclaiming\n under applicable law.<\/p>\n <\/li>\n
Customer may be invited by Supplier to try beta versions of the\n Services\n (\u201cBeta Services\u201d). Customer may need to agree to additional\n terms for\n the Beta\n Services. The Beta Services are provided for evaluation and\n feedback\n purposes\n only and may not be used in a production environment. Customer\n understands that\n the beta Services are not generally released and, therefore, are\n unsupported and\n may contain bugs, errors, and other issues. The Beta Services\n are\n provided on an\n \u201cAS-IS\u201d basis, without warranty of any kind, and Supplier is not\n responsible for\n any problems or issues related to Customer\u2019s use of the Beta\n Services.\n The Beta\n Services may never be generally available, and Supplier may\n discontinue\n the Beta\n Services in its sole discretion at any time for any reason, and\n Supplier\n may\n delete any Customer Content or any other data on the Beta\n Services\n without\n liability to Customer.<\/p>\n <\/li>\n <\/ul>\n <\/li>\n
To the fullest extent permitted by law, in no event will supplier\n and its\n affiliates be\n liable to\n customer\n for any indirect, incidental, special, consequential, or\n punitive damages (including\n damages for\n loss of\n profits,\n goodwill, or any other intangible loss) arising out of or\n relating to customer\u2019s access\n to or\n use of, or\n customer\u2019s\n inability to access or use, the services, whether based on\n warranty, contract, tort\n (including\n negligence), statute,\n or any other legal theory, and whether or not any supplier\n entity has been informed of\n the\n possibility\n of damage.\n To the fullest extent permitted by law, the aggregate liability\n of the supplier entities\n to\n customer for\n all claims\n arising out of or relating to the use of or any inability to use\n any portion of the\n services or\n otherwise under\n this agreement, whether in contract, tort, or otherwise, is\n limited to the greater of:\n (a) the amount customer has paid to supplier for access to and\n use of the services in\n the 12\n months\n prior to\n the event or circumstance giving rise to claim.\n (b) $100.\n <\/p>\n <\/li>\n
Each provision of this agreement that provides for a limitation of\n liability,\n disclaimer\n of\n warranties,\n or exclusion of damages is intended to and does allocate the\n risks between the parties\n under\n this\n agreement.\n This allocation is an essential element of the basis of the\n bargain between the parties.\n Each of\n these\n provisions\n is severable and independent of all other provisions of this\n agreement. The limitations\n in this\n section\n 17 will\n apply even if any limited remedy fails of its essential purpose.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n\n
\n Customer will defend, indemnify, and hold Supplier harmless from and against all\n third-party\n claims,\n actions,\n proceedings, regulatory investigations, damages, losses, judgments, settlements,\n costs\n and\n expenses\n (including\n attorneys\u2019 fees), arising from or in connection with:\n (a) Customer\u2019s breach of any laws or regulations\n (including with respect to privacy).\n (b) Customer\u2019s or any Authorized User\u2019s use of the services.\n (c) Customer\u2019s violation of any agreements it has with any Authorized User.\n <\/p>\n <\/li>\n
\n Supplier reserves the right to change this Agreement on a going-forward basis at\n any\n time upon\n seven\n days\u2019\n notice. Please check this Agreement periodically for changes. If a change to\n this\n Agreement\n materially\n modifies\n Customer\u2019s rights or obligations, Supplier may require that Customer accept the\n modified\n Agreement in\n order to continue to\n use the Services. Customer must accept the modifications to continue accessing\n or using\n the\n Services. If\n Customer\n objects to the modifications, its exclusive remedy is to cease any and all\n access and\n use of the\n Services. If\n the effective date of the modifications is during the term of a Subscription and\n Customer\n objects to the\n modifications, then (as its exclusive remedy) Customer may terminate its\n affected\n Subscription\n upon\n notice to Supplier, and\n Supplier will refund to Customer any fees it has pre-paid for use of the\n Services for\n the\n terminated\n portion of\n the term of the applicable Subscription. To exercise this right, Customer must\n provide\n Supplier\n with\n notice of its\n objection and termination within 30 days after Supplier provides notice of the\n modifications.\n Material\n modifications are effective upon Customer\u2019s acceptance of the modified version\n of the\n Agreement.\n Immaterial modifications are\n effective upon publication. Except as expressly permitted in this Section 19,\n this\n Agreement may\n be\n amended only\n by a written agreement signed by authorized representatives of the parties to\n this\n Agreement.\n Disputes\n arising\n under this Agreement will be resolved in accordance with the version of this\n Agreement\n that was\n in\n effect at the time\n the dispute arose.\n <\/p>\n <\/li>\n
\n You acknowledge that the Services may be subject to U.S. and international\n export\n control laws\n and\n regulations.\n You agree to comply with all applicable export and re-export control laws and\n regulations,\n including the\n Export\n Administration Regulations maintained by the U.S. Department of Commerce and\n trade and\n economic\n sanctions\n maintained by the Treasury Department\u2019s Office of Foreign Assets Control. You\n agree not\n to\u2014directly or\n indirectly\u2014sell,\n export, re-export, transfer, or divert the service provided by Supplier to any\n destination,\n entity, or\n person prohibited\n by the laws or regulations of the United States, without obtaining prior\n authorization\n from the\n competent\n government authorities as required by those laws and regulations. Additionally,\n you\n warrant that\n you are\n (1) not located in\n Cuba, Iran, North Korea, or Syria or the Crimea Region of the Ukraine, or DNR\n and LNR\n regions of\n Ukraine\n and (2)\n not a denied party as specified in the regulations listed above. This export\n control\n clause\n shall\n survive\n termination or cancellation of this Agreement.\n <\/p>\n <\/li>\n
\n Any notice, request, instruction or other document to be given\n under this Agreement to\n any party\n hereunder shall\n be in the English language, in writing, and sent by first class\n mail, confirmed\n facsimile or\n major\n commercial rapid\n delivery courier service to the address specified on the\n Customer\u2019s account or, to\n Supplier: (a)\n if the\n Supplier\n is EduBook\u2013 USA, (or such other address as may be properly\n specified by written notice\n hereunder). Email\n notice\n will be permitted by Supplier if sent to the Customer\u2019s account\n email address.\n <\/p>\n <\/li>\n
\n The Agreement, including the Course Store Terms and any\n applicable Order or DPA,\n constitutes the\n entire\n Agreement and contains the entire and exclusive understanding\n between the\n parties with\n respect\n to the\n matters referenced\n herein. No terms, provisions or conditions of any purchase\n order,\n acknowledgement, or\n other\n business\n form that\n either party may use in connection with the transactions\n contemplated by this\n Agreement\n will\n have any\n effect on\n the rights, duties, or obligations of the parties under, or\n otherwise modify,\n this\n Agreement,\n regardless\n of any\n failure of a receiving party to object to such terms,\n provisions, or conditions.\n No\n amendment or\n modification of this\n Agreement shall be valid and binding unless made and confirmed\n in writing or\n otherwise\n signed by\n the\n parties\n hereto.\n <\/p>\n <\/li>\n
\n In the event that any one or more provisions of this Agreement\n become invalid or\n unenforceable,\n that\n provision will\n be limited or eliminated to the minimum extent necessary so that\n this Agreement\n will\n otherwise\n remain in\n full\n force and effect and enforceable.\n <\/p>\n <\/li>\n
\n No waiver by either party of any default shall be deemed as a\n waiver of any\n prior or\n subsequent\n default\n of the\n same or other provisions of this Agreement.\n <\/p>\n <\/li>\n
\n Any delay in or failure of performance by either party under\n this Agreement will\n not be\n considered a\n breach of\n this Agreement and will be excused to the extent caused by any\n occurrence beyond\n the\n reasonable\n control\n of such party\n including accident, acts of God, fire or water damage, criminal\n conduct,\n neglect, acts\n of war,\n riots,\n strikes,\n lightening, electrical disturbances or other similar causes.\n Such events,\n occurrences or\n causes\n do not\n include\n inability to meet financial obligations. The time of performance\n hereunder is\n extended\n by a\n period of\n time lost\n because of such delay. Notwithstanding any other provisions of\n this section,\n should the\n Force\n Majeure\n Event last\n for more than 30 days, the non-affected party may terminate this\n Agreement\n immediately\n upon\n written\n notice to the\n affected party.\n <\/p>\n <\/li>\n
\n During the Term:\n (a) Customer agrees to participate in case studies and other\n similar marketing\n efforts\n reasonably requested by Supplier.\n (b) Supplier may disclose that Customer is a customer of\n Supplier to third\n parties.\n (c) Supplier may include on and in Supplier\u2019 website, case\n studies, marketing\n materials,\n and\n conference\n presentations and other speaking opportunities, Customer\u2019s\n testimonials and\n other\n feedback\n regarding the\n Services, name,\n website URL, use case, and logo and other marks. Upon request\n from Customer,\n Supplier\n will\n promptly stop\n making the\n disclosure and use described in the foregoing sentence except to\n the extent\n already\n included in\n any\n then-existing materials.\n <\/p>\n <\/li>\n
\n This Agreement is not assignable or transferable by Customer\n except with\n Supplier\u2019 prior\n written\n consent;\n provided, however, that Customer may, upon prior written notice\n to Supplier,\n transfer\n and assign\n its\n rights and\n obligations under this Agreement to an Affiliate or in\n connection with a merger,\n acquisition,\n corporate\n reorganization, or\n sale of all or substantially all of its assets to which this\n Agreement relate.\n If such a\n transfer or\n assignment is\n made in favor of a direct competitor of Supplier, then Supplier\n may terminate\n this\n Agreement\n upon\n written notice to\n Customer. Supplier may freely assign this Agreement. Any\n assignment in violation\n of the\n foregoing is\n void.\n <\/p>\n <\/li>\n
\n Any dispute arising hereunder shall be exclusively construed in\n accordance with\n the laws\n of the\n State of\n Delaware without regard to principles of conflict of laws. For\n the purpose of\n this\n Agreement,\n Customer\n consents to the\n personal jurisdiction and venue of the courts located in the\n State of Delaware,\n without\n prejudice to the\n provisions of the DPA.\n <\/p>\n <\/li>\n <\/ul>\n <\/li>\n <\/ul>\n\n <\/row>\n\n\n\n
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Privacy Policy Please read these software as a service terms and conditions (\u201cagreement\u201d) carefully before using the services offered by edubook (\u201csupplier\u201d, as defined below). by using this website\/app and the services, you agree to become bound by the terms and conditions of this agreement on behalf of yourself or the organization, company, or entity […]\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-3","page","type-page","status-publish","hentry"],"yoast_head":"\n