Date of Last Revision: October 29, 2020
Welcome to EdLight!
EdLight, PBC (“EdLight,”“we,” “us,” “our”) provides its services (described below) to you through its website located at www.edlight.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification o rthrough other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. “You” or “you” refers to a user of the Service, including a school or school district (each, a “School”), a teacher or other educator (“Teacher”), or a student (“Student”), or a visitor to the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1)YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EDLIGHT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using the Services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Services includes products and services for Teachers and School representatives to communicate with Students, and to solicit, submit, share, review and comment on educational and classroom materials and information with Students and other Teachers. EdLight may also offer feedback and grading validation tools, usage statistics, analytics and educational insights based on the User Content (as defined below) shared by users in a specific group, class or School.
Registration: You may be required to register for an account with EdLight in order to access and use certain features of the Services. If you choose to register for the Services and create an account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Unless you are a Teacher and have registered for a Teacher Account (as defined below), only users whose affiliated or employing School has entered into a separate customer agreement with EdLight (a “Customer Agreement”) authorizing such user’s use of the Services may register an account with and use the Services.
Minors: If you are a Student under 18 years old, you may use the Services only with the explicit approval of your parent or legal guardian.
User Account, Password and Security: Except with respect to Teachers that are registering for a Teacher Account (as defined below), you will register for and log onto your account with EdLight with your School-affiliated email address and password using Google Single Sign-On. You are responsible for maintaining the confidentiality of your password and account (including a Teacher Account), if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account (including a Teacher Account) from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account (including a Teacher Account) is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You also agree to ensure that you log out from your account (including a Teacher Account) at the end of each session. You agree to immediately notify EdLight of any unauthorized use of your password or account (including a Teacher Account) or any other breach of security. EdLight will not be liable for any loss or damage arising from your failure to comply with this Section.
Other Users: Youare solely responsible for your interactions with other users of the Services. We shall have no liability for your interactionswith other users of the Services, or for any user’s action or inaction. EdLight shall have no obligation to you toenforce these Terms of Service or any other agreement against any other user othe Srvices, and no liability or responsibility thereto. EdLight reserves the right, but has no obligation,tobecome involved in any way with disputes between you and any other user of the Services.
Modifications to Service: EdLight reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that EdLight will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Disclaimer: You acknowledge that EdLight is not an educational institution and is not responsible for the effectiveness of the educational content that may be accessed on the Services. You acknowledge that through the Services, EdLight provides a passive platform that facilitates interactions and communications between Schools, Teachers, and Students, and only offers certain analytical and grading services as decision support and record tools. You understand and agree that in no event will EdLight be liable for any decision made, or action taken, or failure to take action, in reliance of or based on any information, materials or data contained on, communicated through, or accessible on, the Services, including any analysis, insight or metrics provided by EdLight. The Services are not intended or implied to be a substitute for independent assessment or grading of work product. You further understand and agree that EdLight: (a) does not direct, have any control over, employ, or endorse any School or Teacher that may use the Services and has no control over the acts or omissions of any School or Teacher; (b) is not responsible or liable in any manner for the performance or conduct of any School or Teacher; (c) makes no representations, warranties or guarantees about the quality, suitability, safety or legality of the services provided by any School or Teacher, the qualifications, identity or background of any Teachers or School representatives, or about your interactions or dealings with any School or Teacher, each as accessed or provided via the Services; (d) does not vet, screen or conduct any kind of identity or background checks of any School or Teacher; and (e) is not responsible for payment for services provided by any Teacher or School.
General Practices Regarding Use and Storage: You acknowledge that EdLight may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on EdLight’s servers on your behalf. You agree that EdLight has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that EdLight reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that EdLight reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services or use the Services via a mobile device, and (ii) the ability to browse the Services and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Deleting Your Account: You may delete your account (including any Teacher Account) at any time by sending an email with the request in the subject line to info@edlight.com. Note that in doing so you will lose access to your User Content, and we will delete all your Student Data (as defined below) stored on the Services or shared via the Services, and we will bear no responsibility for such loss of data or information; provided that we may retain any User Content, information or data as permitted under these Terms of Service and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statue, order or regulation (collectively, “Law”).
Teacher Accounts
This section is only applicable to Teachers who have registered for a Teacher Account (as defined below).
Teacher Accounts: Teachers may access the Services even if their affiliated and/or employing Schools have not entered into a Customer Agreement with EdLight if they have independently registered for a Teacher-specific subscription (a “Teacher Account”). EdLight may offer different Teacher Account tiers, and the access, usage limits, benefits, and fees associated with Teacher Accounts may change over time. We reserve the right to modify, suspend or discontinue, temporarily or permanently, any Teacher Account benefits or access from time to time with prior notice to you. Any Teacher Account fees charged to you are non-refundable except as expressly set forth in these Terms of Service or the Teacher Account page. We reserve the right to accept or reject any Teacher Accounts in our sole discretion. You are expected to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Teacher Account.
Consent: By using the Services with a Teacher Account, the Teacher agrees and affirms that the Teacher and/or School have provided notice to Students’ parents or legal guardian regarding the use of the Services and obtained all necessary consents required by applicable Laws, including but not limited to those relating to education or children’s privacy (collectively, “Privacy Laws”) for the Teacher and any Students to use, communicate through, and upload information to the Services.
Fees. Please visit our Teacher Account page for more information about fees for Teacher Accounts. We reserve the right to change fees for Teacher Accounts. If we do change fees for Teacher Accounts and you are a holder of a Teacher Account, we will provide notice in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount for your Teacher Account. Applicable Teachers may cancel their Teacher Accounts any time.
Payment Plans: If you are a Teacher and sign up for a Teacher Account, you will be required to select an account tier (including, if applicable, a free account) and a payment plan. You agree to pay EdLight the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Services. You hereby authorize EdLight to either send you an invoice, or bill your payment instrument in advance on a periodic basis, in accordance with the terms of the applicable payment plan until you terminate your Teacher Account, and you further agree to pay any charges so incurred. You represent and warrant to EdLight that all payment information is true and that you are authorized to use your applicable payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges or an invoice you must inform EdLight by emailing us at info@edlight.com within thirty (30) days after the date that EdLight charges you or, if applicable, sends you an invoice.
Payment: If you pay by credit card, collection of your credit card or other payment information and the processing of payment of fees will be performed by third party payment processers (the “Payment Processors”). EdLight currently uses Stripe (https://stripe.com/) as its Payment Processor, but reserves the right to change Payment Processors. You will tender payment to the applicable Payment Processor, and fees will be processed by the applicable Payment Processor. You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Process or from time to time (collectively, the “Payment Processer Terms”). Information provided to any Payment Processor is governed by the applicable Payment Processor Terms. Stripe’s Payment Processer Terms are comprised of Stripe’s Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement located a thttps://stripe.com/legal and Stripe’s Global Privacy Policy located at https://stripe.com/privacy. We are not responsible for the performance of any Payment Processor, including Stripe. EdLight may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by EdLight thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by Law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on EdLight’s net income.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR TEACHER ACCOUNT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE TEACHER ACCOUNT FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Termination of Teacher Accounts:
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, email or display (hereinafter, “upload”) or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by EdLight. EdLight reserves the right to investigate and take appropriate legal action against anyone who, in EdLight’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export Laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all Laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Non-Disclosure; Compliance with Law: The Services are for your personal, or (solely with respect to School representatives or Teachers) professional use. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload, any portion of the Services, use of the Services, or access to the Services. You agree not to use the Services or any component thereof, or display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload, any information regarding or materials received from any other user accessed via the Services, except for limited purposes described in these Terms of Service and as permitted by Law. You agree to comply with all Law in your use and/or receipt of the Services, and any applicable School policies.
Service Content, Software and Trademarks: You acknowledge and agree that the Services or Site may contain or feature content or information, including articles and other works (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. The Content is protected by United States and foreign intellectual property Laws. Unauthorized use of the Service Content may result in violation of copyright, trademark, and other Laws. You have no rights in or to the Service Content, and you will not use, copy or display the Service Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Service. No other use is permitted without our prior written consent, and any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Service Content in any way for any public or commercial purpose (except that the foregoing does not apply to your own User Content (as defined below) that you legally share).
The technology, algorithms and software underlying the Services or distributed in connection therewith are the property of EdLight, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by EdLight. The EdLight name and logos are trademarks and service marks of EdLight (collectively, the “EdLight Trademarks”). Other EdLight, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to EdLight. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EdLight Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of EdLight Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will EdLight be liable in any way for any content or materials of any third parties(including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that EdLight does not pre-screen content, but that EdLight and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, EdLight and its designees will have the right to remove any content that violates these Terms of Service or is deemed by EdLight, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. User Content posted or shared by Teachers maybe viewable by other users from your School. You hereby grant EdLight and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to, subject to the Privacy Policy and these Terms of Service, copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any statistical and usage data relating to your use of the Services derived by EdLight or its third-party service providers, in connection with (a) the operation and provision of the Services, and (b) (i) the improvement or enhancement of the Services and EdLight’s related technologies and algorithms, and the development and provision of new products, services and offerings, and for other development, diagnostic, and corrective purposes in connection with the Services, EdLight’s related technologies and algorithms and other EdLight offerings, products or services, (ii) creating aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed. You represent and warrant that any authorized use of your User Content by EdLight does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.
To the extent that any User Content constitutes or includes personally identifiable information from education records that are subject to education-related Privacy Laws, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) or similar state Laws (such content, “Student Data”), you acknowledge that either (a) EdLight has entered into a Customer Agreement with the applicable School and has been designated as a “School Official” (as that term is used in FERPA and its implementing regulations, or its equivalent under other applicable Privacy Laws) under the direct control of the School with regard to the use and maintenance of the Student Data, or (b) if you are a Teacher and have registered for a Teacher Account, then you have obtained all authorizations and/or consents, including but not limited to those under Privacy Laws, to collect, use, or disclose Student Data through the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to EdLight are non-confidential and EdLight will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that EdLight may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EdLight, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. We also have the right to take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Services. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS EDLIGHTAND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIESDURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Third Party Websites
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. EdLight has no control over such sites and resources and EdLight is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that EdLight will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that EdLight is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold EdLight and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says :“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EDLIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EDLIGHT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, OR BE ERROR FREE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDLIGHT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EDLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTEGOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGHOR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) ANY COMMUNICATIONS WITH, OR CONTENT PROVIDED BY, ANY OTHER USER OF THE SERVICES; (VI) ANYTHING RELATED TO A USER’S PROFESSIONAL PERFORMANCE, ACADEMIC PERFORMANCE, OR STANDING WITH ANY SCHOOL; (VII) A USER’S COMPLIANCE WITH ANY APPLICABLE LAW; OR (VIII) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL EDLIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EDLIGHT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITYOF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTSYOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and EdLight, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, f your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and EdLight are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EDLIGHT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EDLIGHT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
EdLight is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@edlight.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to EdLight should be sent to: 21 Brookledge Rd Unit 1, Melrose MA 02176 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If EdLight and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or EdLight may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EdLight or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EdLight is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”),as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless EdLight and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, EdLight agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, EdLight will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, EdLight will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, EdLight will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, EdLight agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending EdLight written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that EdLight, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if EdLight believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. EdLight may also in its sole discretion and at anytime discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that EdLight may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that EdLight will not be liable to you or any third party for any termination of your access to the Services.
General
These Terms of Service constitute the entire agreement between you and EdLight and govern your use of the Services, superseding any prior agreements between you and EdLight with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and EdLight agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Wilmington, Delaware. The failure of EdLight to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of EdLight, but EdLight may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
Your Privacy
At EdLight, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of Personal Information as outlined therein. Notice for California Users Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at(916) 445-1254 or (800) 952-5210. You may contact us at
EdLight, PBC
115 N Newport Avenue
Ventnor City NJ 08406
609-980-2469
Questions? Concerns? Suggestions?
Please contact us at info@edlight.cominfo@edlight.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.
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