Version 1.1 Effective Date: August 18, 2022
Last Updated Date: August 18, 2022
1. Responsibility for Content.
1.1. Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) accessible through the the PD Reimagined Properties is the sole responsibility of the party from whom such Content originated. When we use the phrase “PD Reimagined Properties,” we mean the Website, any virtual summits and events, the Services, and the information and content available or recorded on any of the foregoing. This means that you, and not Inspired Educ8ion, are entirely responsible for all Content that you share, transmit or otherwise make available (“Make Available”) through the PD Reimagined Properties (“Your Content”), and other Users of the PD Reimagined Properties, and not Inspired Educ8ion, are similarly responsible for all Content they Make Available through the PD Reimagined Properties (“User Content”). You may use the PD Reimagined Properties to share ideas, feedback or questions, which will be considered part of Your Content. Your Content also includes Content from a third party that you Make Available on the PD Reimagined Properties. Basically, make sure you have the right to add Content before you put that Content on our Service.1.2. License to Your Content.
(c) You may use the PD Reimagined Properties to consume content, share content, participate in virtual summits and events, connect and communicate with other users, share feedback and other information.
(d) The above licenses will continue unless and until you remove Your Content from the PD Reimagined Properties, in which case the licenses will terminate within a commercially reasonable period of time after such deletion. Please remember that even if you delete Your Content and terminate your use of the Services, PD Reimagined users may retain and continue to use your Content if they have chosen to export, download, or otherwise stored it. If you do not want Your Content used or seen by other Users, you should not share it with those Users. When you delete Your Content from the PD Reimagined Properties, we will not be able to remove Your Content from any Content which has been exported from the PD Reimagined Properties. Notwithstanding the foregoing, the license to use Your Content for archiving or preserving the Content for disputes, legal proceedings, or investigations will continue.
1.3. Our Content. Notwithstanding anything to the contrary in these Terms, any content we create, including recordings of virtual summits or events that we create will be owned by Inspired Educ8ion (and/or any applicable Licensor’s) and to the extent that they are protected by copyright, they are “works made for hire” for which Inspired Educ8ion (and/or any applicable Licensor’s) will be the “author” (as such first quoted term is defined by and such second quoted term given meaning by the United States Copyright Act of 1976, as amended). You hereby waive any right to receive authorship credit or status as a collaborator or any remuneration by way of royalty or otherwise from Inspired Educ8ion relating to the Recordings. You represent and warrant that you have all necessary rights to assign the Recordings as set forth in this Section 1.3. For clarity, our Recordings are not licensed as Your Content in Section 1.2(a) but are considered Your Content for purposes of other sections of this Agreement.
1.4. No Obligation to Pre-Screen Content. You acknowledge that Inspired Educ8ion has no obligation to pre-screen Content (including, but not limited to, shared information, links, comments or other feedback that is Your Content and other User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content before or after it is available on the Services. By entering into the Terms, you hereby provide your consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that we pre-screen, refuse or remove any Content, you acknowledge that Inspired Educ8ion will do so for the benefit of PD Reimagined and its members, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
1.5. Storage. Unless expressly agreed to by Inspired Educ8ion in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the PD Reimagined Properties. We have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the PD Reimagined Properties. You agree that Inspired Educ8ion retains the right to create reasonable limits on PD Reimagined’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Inspired Educ8ion in its sole discretion.
1.6. Control and Privacy. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. Please think carefully about who you authorize to access Your Content. You hereby authorize us to include any of Your Content that is designated as public on public areas of the PD Reimagined Properties. Please note that teachers may be able to see all of Your Content, even if it is not designated as public. Also, note that if you collaborate with another individual on content, such content may be visible to others (or public) based on the settings of both you and any collaborating individual.
1.7. Commercialization. We reserve the right to commercialize Your Content, including by allowing downloads of Your Content and/or including advertising in and around Your Content. As we do not control any advertising, you hereby agree and acknowledge to the juxtaposition of any advertising around Your Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Your Content.
1.8. Your Content. In connection with your use of the PD Reimagined Properties, you shall not Make Available any Content that: (a) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (b) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (c) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities.
2. Use of the Services and PD Reimagined Properties.
2.1. Usage. The PD Reimagined Properties are protected by copyright laws throughout the world. Subject to the Terms, Inspired Educ8ion grants you a limited license to reproduce all or portions of the Content in the PD Reimagined Properties for the sole purpose of using the Services for your personal, educational or other non commercial use.
2.2. PD Reimagined Software. Use of any software and associated documentation that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will we provide you with any tangible copy of our Software. We shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, we grant you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
2.3. Updates. You understand that the PD Reimagined Properties are evolving. As a result, we may require you to accept updates to the PD Reimagined Properties. You acknowledge and agree that we may update the PD Reimagined Properties with or without notifying you. You may need to update third-party software from time to time in order to use the PD Reimagined Properties.
2.4. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the PD Reimagined Properties or any portion of the PD Reimagined Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other PD Reimagined Properties (including images, text, page layout or form) of PD Reimagined; (c) you shall not use any metatags or other “hidden text” using PD Reimagined’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the PD Reimagined Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the PD Reimagined Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the PD Reimagined Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the PD Reimagined Properties. Any future release, update or other addition to the PD Reimagined Properties shall be subject to the Terms. Inspired Educ8ion, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the PD Reimagined Properties terminates the licenses granted by Inspired Educ8ion pursuant to the Terms.
2.5. Third-Party Materials. As a part of the PD Reimagined Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
2.6 Use by Children Under 13. PD Reimgined is not intended for use by children under the age of 13 years as defined in the Child Online Privacy and Protection Act (“COPPA”). By using this service you agree to comply with all applicable laws including COPPA. If you learn that that personal information from a person under the age of 13 has been entered into the system in violation of any laws, please notify us at firstname.lastname@example.org and we will delete that information in a reasonable prudent amount of time.
2.7 HIPPA. While PD Reimagined is a wellness program offering inspiration to teachers, it is not intended for use in a medical setting and is not intended to collect medical information, and we make no claims, representations or guarantees that our Services or the PD Reimagined program provides any physical or therapeutic benefit. If you see personal medical data on PD Reimagined Properties please notify us at email@example.com and we will delete that information in a reasonable prudent amount of time.
2.8 Accessibility. Inspired Educ8ion is committed to ensuring that the PD Reimagined program and related Services remain accessible to all individuals, regardless of disability. We will take reasonable steps to ensure that the Program and Services meet common industry standards for accessibility and materially comply with the requirements of the Americans with Disabilities Act (“ADA”), as applicable. If you have any suggestions about improvements we can make to enhance the accessibility of the Services, please contact us at firstname.lastname@example.org.
(a) We will materially comply with all applicable federal and state student privacy laws and regulations. If we were to receive any Sensitive Information (as defined below), we would only share such information to our employees and subcontractors who need to access the data, or in accordance with a data sharing agreement with the authorized school district or school leader.
(b) “Sensitive Information” means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 (“SOPIPA”).
3.1. Registering Your Account. In order to access certain features of the PD Reaimgined Properties you may be required to become a Member. For purposes of the Terms, a “Member” is a User who has been accepted for a membership with PD Reimagined and created an account (“Account”).3.2. Territory. You understand that the PD Reimagined program is currently only intended for Users residing in the United States of America.3.3. Registration Data. In applying for a membership and in signing up for an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the PD Reimagined Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the PD Reimagined Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or PD Reimagined has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the PD Reimagined Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the PD Reimagined Properties if you have been previously removed by us, or if you have been previously banned from any of the PD Reimagined Properties.
3.4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the PD Reimagined Properties, including but not limited to, a device with web browser that is suitable to connect with and use the PD Reimagined Properties, access to video conferencing solutions such as Zoom for the virtual summits. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the PD Reimagined Properties.
4.1. PD Reimagined Properties. Except with respect to Your Content and User Content, you agree that Inspired Educ8ion and its suppliers own all rights, title and interest in the PD Reimagined Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the PD Reimagined Properties.
4.2. Trademarks. PD Reimagined and other related graphics, logos, service marks and trade names used on or in connection with the PD Reimagined Properties or in connection with the Services are the trademarks of Inspired Educ8ion and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the PD Reimagined Properties are the property of their respective owners.
4.3. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the PD Reimagined Properties.
4.4. Your Content. We do not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the PD Reimagined Properties, you represent that you have all necessary rights to grant the rights and licenses granted under these Terms.
4.5. Username. Notwithstanding anything contained herein to the contrary, if you submit Your Content to any forums, comments or any other area on the PD Reimagined Properties, you hereby expressly permit Inspired Educ8ion to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content. However, we are not required to include such attribution.
4.6. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Inspired Educ8ion.
4.7. Your Profile. You understand that Inspired Educ8ion aims to offer a positive and inspiring experience to all its members. Therefore you agree that Any Content posted by you in your profile will foster such culture, and will not contain nudity, violence, sexually explicit, or offensive subject matter.
4.8. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to PD Reimagined through its suggestions, virtual summits, survey, polls, or other feedback forums or similar pages (“Feedback”) is at your own risk and that Inspired Educ8ion has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Inspired Educ8ion a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the PD Reimagined Properties.
5. User Conduct.
5.1. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms): (a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the PD Reimagined Properties (including your Account), or access to or use of the PD Reimagined Properties; (b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (c) Use the PD Reimagined Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; (d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or (e) Market any goods or services for any business purposes.
5.2. Unauthorized Use or Access. You agree that you will not, under any circumstances: (a) Interfere or attempt to interfere with the proper functioning of the PD Reimagined Properties or connect to or use the PD Reimagined Properties in any way not expressly permitted by the Terms; (b) Systematically retrieve data or other content from our PD Reimagined Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; (c) Use, display, mirror or frame the PD Reimagined Properties, or any individual element within the PD Reimagined Properties, PD Reimagined’s name, any PD Reimagined trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; (d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the PD Reimagined Properties or that is in transit from or to the PD Reimagined Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the PD Reimagined Properties; (e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the PD Reimagined Properties, whether through the use of a network analyzer, packet sniffer or other device; (f) Make any automated use of the PD Reimagined Properties, or take any action that imposes or may impose (in Inspired Educ8ion’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the PD Reimagined Properties; (g) Bypass any robot exclusion headers or other measures we take to restrict access to the PD Reimagined Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl the PD Reimagined Properties, or harvest or manipulate data; (h) Use, facilitate, create, or maintain any unauthorized connection to the PD Reimagined Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the PD Reimagined Properties; or (ii) any connection using programs, tools or software not expressly approved by PD Reimagined; (i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the PD Reimagined Properties, or to obtain any information from the PD Reimagined Properties; (j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PD Reimagined Properties; (k) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(l) Solicit or attempt to solicit personal information from other members or Users of the PD Reimagined Properties; (m) Use the PD Reimagined Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the PD Reimagined Properties to send altered, deceptive or false source-identifying information; or (o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
5.3. General. In connection with your use of the PD Reimagined Properties, you shall not: (a) Harm minors in any way; (b) Impersonate any person or entity, including, but not limited to, PD Reimagined personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (d) Register for more than one Account or register for an Account on behalf of an individual other than yourself; (e) Stalk, bully or otherwise harass any other member or User of our PD Reimagined Properties; or (f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
6. Investigations. Inspired Educ8ion may, but is not obligated to, monitor or review the PD Reimagined Properties and Content at any time. Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the PD Reimagined Properties or Content, if we become aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the PD Reimagined Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you. As a result of any investigation, we may label Your Content in the future as having possibly sensitive content and including a warning message with such Content.
7. Interactions with Other Users.
7.1. User Responsibility. You are solely responsible for your interactions with other members or Users of the Services and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that Inspired Educ8ion will not be responsible for any liability incurred as the result of such interactions.
7.2. Your Content. We are not responsible for and do not control how other Users use Your Content once exported or downloaded from the PD Reimagined Properties. Any such use of Your Content by such other Users (including any modification or derivative works thereof) is not subject to our Terms. Inspired Educ8ion has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of Your Content. You provide Your Content at your own risk.
7.3. Content Provided by Other Users. The PD Reimagined Properties may contain User Content provided by other Users. We are not responsible for and do not control User Content. Inspired Educ8ion has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk, including Users you authorize as collaborators for Your Content. We may delete User Content in our discretion.
8. Third-Party Services. The PD Reimagined Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the PD Reimagined Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Inspired Educ8ion. We are not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9.1. Payment. You agree to pay any fees or charges to your Account, including Orders, in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. To buy a PD Reimagined membership you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”) as a condition to signing up for the Services, except where such membership is awarded as a scholarship. You understand that your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing PD Reimagined with your credit card number or PayPal account and associated payment information, you agree that Inspired Educ8ion is authorized to immediately invoice your Account for all fees and charges due and payable to Inspired Educ8ion hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on the PD Reimagined Properties or by e-mail delivery to you. All fees are non-refundable.
9.2. Taxes. PD Reimagined’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to PD Reimagined, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Inspired Educ8ion for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that PD Reimagined is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
9.3. Other Promotions. We may run promotional offers from time to time on the Website or Services. The terms of any such promotion will be posted on the Website or Services. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
10. Indemnification. You agree to indemnify and hold Inspired Educ8ion, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Inspired Educ8ion Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the PD Reimagined Properties or any other User’s Content; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Inspired Educ8ion reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Inspired Educ8ion in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the PD Reimagined Properties.
11. Disclaimer of Warranties.
11.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PD REIMAGINED PROPERTIES IS AT YOUR SOLE RISK, AND THE PD REIMAGINED PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE INSPIRED EDUC8ION PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.(a) THE INSPIRED EDUC8ION PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PS REIMAGINED PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PD REIMAGINED PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PD REIMAGINED PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PD REIMAGINED PROPERTIES WILL BE CORRECTED.(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PD REIMAGINED PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PD REIMAGINED PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. INSPIRED EDUC8ION MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PD REIMAGINED OR THROUGH THE PD REIMAGINED PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11.2. From time to time, PD Reimagined may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this section apply with full force to such features or tools.
11.3. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT INSPIRED EDUC8ION PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD INSPIRED EDUC8ION PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
11.4. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PD REIMAGINED PROPERTIES. YOU UNDERSTAND THAT INSPIRED EDUC8ION DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PD REIMAGINED PROPERTIES.
12. Limitation of Liability.
12.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INSPIRED EDUC8ION PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PD REIMAGINED PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT INSPIRED EDUC8ION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PD REIMAGINED PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PD REIMAGINED PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PD REIMAGINED PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PD REIMAGINED PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE PD REIMAGINED PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
12.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE INSPIRED EDUC8ION PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY PD REIMAGINED FROM YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID INSPIRED EDUC8ION ANY AMOUNTS IN SUCH PERIOD, THE INSPIRED EDUC8ION PARTIES’ SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
12.3. User Content. THE INSPIRED EDUC8ION PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
12.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSPIRED EDUC8ION AND YOU.
12.5. EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Term and Termination.
13.1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the PD Reimagined Properties, unless terminated earlier in accordance with the Terms.
13.2. Prior Use. Notwithstanding the foregoing, if you used the PD Reimagined Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the PD Reimagined Properties (whichever is earlier) and will remain in full force and effect while you use the PD Reimagined Properties, unless earlier terminated in accordance with the Terms.
13.3. Termination of Services by PD Reimagined. We have the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in Inspired Educ8ion’s sole discretion.
13.4. Termination of Services by You. If you want to terminate the Services provided by PD Reimagined, you may do so by notifying us at any time. Your notice should be sent, in writing, to Inspired Educ8ion's address, being: 12600 Hill Country Boulevard, Hill Country Galleria, Building R Suite 275, Austin, TX 78738.13.5. Effect of Termination. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14.1. Violations. If Inspired Educ8ion becomes aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the PD Reimagined Properties, including Your Content, in PD Reimagined’s possession in connection with your use of the PD Reimagined Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of PD Reimagined, its members and Users or the public, and all enforcement or other government officials, as Inspired Educ8ion in its sole discretion believes to be necessary or appropriate.
14.2. Breach. In the event that Inspired Educ8ion determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the PD Reimagined Properties, we reserve the right to: (a) Warn you via e-mail (to any e-mail address you have provided to PD Reimagined) that you have violated the Terms; (b) Delete any of Your Content provided by you or your agent(s) to the PD Reimagined Properties; (c) Discontinue your registration(s) with the any of the PD Reimagined Properties, including any Services or any PD Reimagined community; (d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) Pursue any other action which we deem to be appropriate.
14.3. No Subsequent Registration. If your registration(s) with or ability to access the PD Reimagined Properties, or any other PD Reimagined community is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the PD Reimagined Properties or any PD Reimagined community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those PD Reimagined Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
15. General Provisions.
15.1. Electronic Communications. The communications between you and PD Reimagined use electronic means, whether you visit the PD Reimagined Properties or send PD Reimagined e-mails, or whether PD Reimagined posts notices on the PD Reimagined Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from PD Reimagined in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PD Reimagined provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect you statutory rights.
15.2. Release. You hereby release Inspired Educ8ion Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the PD Reimagined Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the PD Reimagined Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
15.3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.4. Force Majeure. Inspired Educ8ion shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15.5. Compliance. If you believe that PD Reimagined has not adhered to the Terms, please contact us by emailing us at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
15.6. Limitations Period. YOU AND INSPIRED EDUC8ION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE PD REIMAGINED PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.7. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with PD Reimagined and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Inspired Educ8ion that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Inspired Educ8ion, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Inspired Educ8ion should be sent to: Inspired Educ8ion Holdings, LLC, 12600 Hill Country Boulevard, Hill Country Galleria, Building R Suite 275, Austin, TX 78738, with an electronic copy to firstname.lastname@example.org. After the Notice is received, you and Inspired Educ8ion may attempt to resolve the claim or dispute informally. If you and Inspired Educ8ion do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. (d) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Inspired Educ8ion, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Inspired Educ8ion. (f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Inspired Educ8ion in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INSPIRED EDUC8ION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement. (j) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Inspired Educ8ion. (k) Small Claims Court. Notwithstanding the foregoing, either you or Inspired Educ8ion may bring an individual action in small claims court. (l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
15.8. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.9. Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
15.10. Notice. Where Inspired Educ8ion requires that you provide an e-mail address, you are responsible for providing Inspired Educ8ion with your most current e-mail address. In the event that the last e-mail address you provided to Inspired Educ8ion is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Inspired Educ8ion’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Inspired Educ8ion at the following address: Inspired Educ8ion, Inc., 12600 Hill Country Boulevard, Hill Country Galleria, Building R Suite 275, Austin, TX 78738, with an electronic copy to email@example.com. Such notice shall be deemed given when received by Inspired Educ8ion by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
15.11. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.12. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.13. Export Control. You may not use, export, import, or transfer the PD Reimagined Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the PD Reimagined Properties, and any other applicable laws. In particular, but without limitation, the PD Reimagined Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the PD Reimagined Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the PD Reimagined Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Inspired Educ8ion are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer PD Reimagined products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.14. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.15. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
16. International Provisions. While PD Reimagined is intended for members residing in the United States of America, the PD Reimagined Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in other countries. These references do not imply that we intend to announce such Services or Content in any other country. The PD Reimagined Properties are controlled and offered by Inspired Educ8ion from its facilities in the United States of America. Inspired Educ8ion makes no representations that the PD Reimagined Properties are appropriate or available for use in other locations. Those who access or use the PD Reimagined Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16.1. United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
16.2. Germany. Notwithstanding anything to the contrary in Section 13, Inspired Educ8ion is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).