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EDGROUP TERMS OF USE
Welcome to EdGroup. Please feel free to browse, enjoy, and learn. The Education Group, LLC (“EdGroup”) provides its Service to you, subject to the following Terms of Use (“TOU”), which may be updated from time to time without notice to you. You can review the most current version of our TOU at any time through www.physicsdemos.com EdGroup may offer other Service from time to time that may governed by different Terms of Use. By accessing, browsing and using the Service, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the Service. 1. EdGroup Service The EdGroup Service is comprised of several physics demonstrations and supplemental written materials (the “Service”). EdGroup may add additional features to the current Service, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU. In order to use the Service, you must obtain access to the World Wide Web and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Service may include advertisements and these advertisements are necessary for EdGroup to provide its Service. You also understand and agree that the Service may include certain communications form EdGroup, including service announcements and administrative messages. 2. Privacy Policy EdGroup is concerned about your right to privacy while accessing the website and using the Service. Please take the opportunity to review our PRIVACY POLICY. 3. Registration Obligations In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”). If you provide any information that is untrue, inaccurate, not current or incomplete, or EdGroup has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EdGroup has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof. To use the Service, you will need to register and obtain an account and password. The information you provide EdGroup during the registration process will help us in offering content, customer service, and network management. You are responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify EdGroup of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until EdGroup receives such notification. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Service; and (iii) the consequences of any misuse. In the event that you are a minor, EdGroup reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult’s request. For additional information on how we use your information, please see our PRIVACY POLICY. Your obligations with respect to registration are described below. You will receive a password and account designations upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are responsible for all activities that occur under your password or user identification. You agree to (a) notify EdGroup of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. EdGroup cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.
The preview account password provided to you will be valid for 30 days from the date it is issued. 4. Copyright You acknowledge that the Service, any underlying technology used in connection with the EdGroup Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the EdGroup website are provided by EdGroup or third-party providers and are the copyrighted works of EdGroup and/or such third parties. Except as expressly authorized by EdGroup or such third parties in this TOU or as may be posted on the Service, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Service owned by, or licensed to EdGroup in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Service on any other server. We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to EdGroup and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by EdGroup or the third-party provider on the Web page containing the applicable Content. You acknowledge that EdGroup and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content. 5. Links Some links on the EdGroup website may lead to sites posted by independent site owners. Because EdGroup has no control over these sites, EdGroup is not responsible for such sites’ accessibility via the Internet and does not endorse products, Service, or information provided by such sites. As such, EdGroup shall 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 or reliance on any User or other Content, goods, or Service available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between EdGroup and the linked sites. 6. Conduct You may only access the EdGroup website and use the Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not: (i) use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially or otherwise objectionable content (“User Content”); (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Service; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (vii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (ix) collect or store personal data about other users; (x) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service; (xi) stalk or otherwise harass another; or (xii) collect or store personal information about other users without their permission. 7. Disclaimer EDGROUP IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SERVICE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY SERVICE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE SERVICE. YOU AGREE THAT YOUR ACCESS TO THE EDGROUP WEBSITE, AND YOUR USE OF THE SERVICE, IS AT YOUR OWN RISK. NEITHER EDGROUP, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICE. EDGROUP SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL EDGROUP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EDGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EDGROUP’S RECORDS, PROGRAMS, OR SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EDGROUP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF EDGROUP. 8. Trademark Notice EdGroup trademarks, EdGroup logos, and the unique trade dress of the EdGroup website are the trademarks, service marks, trade dress, and logos of The Education Group, LLC. All other trademarks, service marks, trade dress, and logos used in the Service are the trademarks, service marks, trade dress, and logos of their respective owners. 9. Local Laws; Export Control EdGroup controls and operates the EdGroup website from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the EdGroup website from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the EdGroup website are solely directed to individuals, companies, or other entities located in the United States. 10. Modifications to the Service EdGroup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EdGroup website or the Service (or any part thereof) with or without notice. You agree that EdGroup will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 11. Termination You may discontinue your participation in and access to the Service at any time. The TOU will continue to apply to all past use of the Service by you, even if you are no longer using them. You acknowledge and agree that EdGroup and its affiliates may terminate or block your use of all or part of the Service and EdGroup website,, without prior notice for any reason, including, without limitation, if EdGroup believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service and may bar your access to the EdGroup website and use of the Service. 12. General By accessing the EdGroup website, you agree to the above stated TOU. This Agreement is entered into in California and shall be construed in accordance with the laws of California, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to the Service constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to info@physicsdemos.com.
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