Welcome to Jefferson Education. Our mission is to help students from military families through continuing education in high school with books and learning programs. (www.jefferson-education.org).
- YOUR RIGHTS & OBLIGATIONS
- Your Rights
On the condition that you comply with all of your obligations under the Agreement, Jefferson Education grants you a limited, revocable, nonexclusive, nonassignable, nontransferable, nonsublicensable right to access, through a generally available Web browser or mobile device or application, and view information and content and use the Services in accordance with the Agreement. Any other use of the Services contrary to the Agreement is strictly prohibited and constitutes a violation of the Agreement. Jefferson Education reserves all rights not expressly granted in the Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Jefferson Education, the Services, and all related items.
- Your Obligations
- Applicable Laws and the Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and any policies and procedures that Jefferson Education may institute from time to time with respect to the Jefferson Education and/or the Services.
- Service Eligibility
To be eligible to use the Services, you must meet the following criteria and do hereby represent and warrant that you:
- are 18 years of age or older;
- are not currently restricted or prohibited from using the Services;
- assent to and accept this Agreement;
- have full power and authority to enter into this Agreement and in doing so do not and will not violate any other agreement to which you are a party;
- understand that using the Services will expose you to content and commentary from a variety of sources and that Jefferson Education is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and commentary;
- understand that the Services are provided to you;
- understand that Jefferson Education does not endorse, promote or advocate a specific position with respect to the information and content set forth in and available on the Jefferson Education website;
- agree that, to the extent, the Services include any link to Third-Party Sites, Jefferson Education neither is nor shall be in any way liable or responsible for any claim, damage, loss, or harm suffered by you related to any such Third Party Site;
- understand that following a link to a Third Party Site included on the Jefferson Education website may obligate or subject you to terms, conditions, and policies of any such third party and that you are solely responsible for reviewing and understanding any such terms, conditions, and policies;
- will not violate any rights of Jefferson Education or any third party, including intellectual property rights such as, but not limited to, patent, copyright, or trademark rights
- Jefferson Education and Third Party Intellectual Property Rights
Jefferson Education and the Services contain copyrighted material, trademarks, and other proprietary information of Jefferson Education including, but not limited to, software, photos, graphics, data, and images. Jefferson Education and the Services also contain copyrighted material, trademarks, and other proprietary information licensed by, or otherwise made available to Jefferson Education from third party content suppliers. You agree not to unlawfully modify, publish, transmit, participate in the transfer or sale of, create derivative works of or in any way exploit, in whole or in part any copyrighted material or trademarks included in the Services. Except as otherwise expressly permitted by this Agreement, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering or modification or commercial exploitation of any copyrighted material included in the Services is permitted without the express permission of the copyright owner. In the event of any copying, redistribution or publication of copyrighted material as permitted by this Agreement, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
Nothing in this Agreement shall be interpreted to limit in any way whatsoever, your rights under the Fair Use provisions of United States copyright law to make any Fair Use of Services and any information available therein, or portions thereof, for non-commercial purposes. Further, nothing herein is intended to or shall limit you from using the Services for any non-commercial purpose otherwise permissible by applicable law.
- Jefferson Education RIGHTS & OBLIGATIONS
- Services Availability
For as long as Jefferson Education continues to offer the Services, Jefferson Education shall seek to update and improve the Services, but only at its sole discretion and without any duty to do so. Jefferson Education permits you to use the Services as they may exist and be available on any given day and has no other obligations to you, except as expressly stated in the Agreement. Jefferson Education may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, in Jefferson Education sole discretion. Jefferson Education further reserves the right to withhold, remove, and/or discard any content or information made available as part of the Services. For the avoidance of doubt, Jefferson Education has no obligation to store, maintain, or provide you a copy of any content that you may have had access to at any point when using the Services.
- Third Parties
- Disclosure of User Information
You acknowledge consent and agree that Jefferson Education may access, preserve and disclose your use of the Services and any information you may provide to Jefferson Education, if Jefferson Education is required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary for Jefferson Education opinion to (1) comply with legal process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce the Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, third party entity or government agency; (4) respond to service-related inquiries; or (5) protect the rights, property or personal safety of Jefferson Education, users of the Services or the public.
You agree to defend, indemnify and hold harmless Jefferson Education (including any successors), and its founders, directors, officers, managers, employees, agents, and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (1) your use of and access to the Services; (2) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the obligations, representations and warranties herein; (3) your violation of any third-party right, including without limitation any right of privacy, publicity rights, trademark rights, copyrights or any intellectual property right of any kind whatsoever; (4) your violation of any law, rule or regulation of the United States or any other country; or (5) any claims or damages that arise as a result of your use of any content, data or information provided or accessible through the Services.
- DISCLAIMER OF WARRANTY
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS. AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE JEFFERSON EDUCATION, ANY INFORMATION THEREIN, OR ITS CONTINUATION. JEFFERSON EDUCATION PROVIDES THE PLATFORM FOR THE GIVING LIBRARY AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. JEFFERSON EDUCATION DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JEFFERSON EDUCATION DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE GIVING LIBRARY OR ANYTHING RELATED TO THE GIVING LIBRARY, YOU MAY TERMINATE THIS AGREEMENT BY CEASING TO USE THE SERVICES, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
JEFFERSON EDUCATION IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR, THE DELIVERY OR TRANSMISSION OF ANY MESSAGES, CONTENT, DATA, OR INFORMATION VIA THE GIVING LIBRARY. IN ADDITION, JEFFERSON EDUCATION NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, CONTENT, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON OR BY THE SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO JEFFERSON EDUCATION.
JEFFERSON EDUCATION DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES IN CONNECTION WITH THE GIVING LIBRARY WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. JEFFERSON EDUCATION DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, JEFFERSON EDUCATION DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS OR POOR USE CONDITIONS OF THE GIVING LIBRARY DATABASE AND/OR WEBSITE AND/OR SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK AND FOR ANY OTHER REASON WHATSOEVER.
- LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS. AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
You understand that the Services are being provided free of charge. You further understand that Jefferson Education is a tax-exempt charitable organization section 501(c)(3) of the Internal Revenue Code by the IRS. Tax ID Number: 82-3258305. Washington Secretary of State Charities Registration Number: 2000240. Your contribution will be tax-deductible to the fullest extent allowed by law. IRS filing requirement: This organization is required to file an IRS Form 990 or 990-N. Accordingly, neither Jefferson Education (including any successors) nor any of its founders, directors, officers, managers, employees, agents, and contractors shall be liable to you or any third party for any special, incidental, direct, indirect, punitive, or consequential damages or loss of use, profit, revenue or data arising from your use of the Services.
This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute, or any other legal theory, or (2) Jefferson Education knew or should have known about the possibility of such damages;
- Not apply to any damage that Jefferson Education may cause you intentionally or knowingly in violation of the Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed by the Agreement.
- Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, by ceasing to use the Services.
Jefferson Education may terminate the Agreement for any reason or no reason, at any time, with or without notice. Termination shall be effective immediately or as may be specified in any notice that Jefferson Education, at its sole discretion, may provide. Termination may include disabling your access to and barring future use of the Services.
For further clarity, and without limitation, Jefferson Education may terminate the Agreement in the event you: fail to meet any obligation owed under the Agreement; violate any representation or warranty made under the Agreement; violate any law or regulation affecting or relating to the Agreement or the Services provided hereunder; violate a duty owed Jefferson Education under the Agreement; or misuse the Services as provided for below.
- Misuse of Services
Jefferson Education may restrict, suspend, or terminate your use of the Services in the event you misuse the Services (“Misuse”). By way of example, and without limitation, Misuse of the Services includes: using the Services in violation of any obligation, representation or warranty you have or have made under the Agreement; using the Services in violation of any rights Jefferson Education possesses under the Agreement; abusive conduct of any kind whatsoever; using the Services in any deceptive manner whatsoever; using the Services commercially; infringing any intellectual property rights; using the Services in any unlawful, or potentially unlawful, manner; or any other behavior that Jefferson Education, in its sole discretion.
- Effect of Termination
Upon the termination of the Agreement, you shall lose any right to access the Services. In addition, Jefferson Education may block access to the Services from any IP address associated with you. The following terms of the Agreement shall survive any termination: Sections 3, 5, 6, 7, and 9.
- MISCELLANEOUS PROVISIONS
Any dispute arising under or in connection with the Agreement or in any way related to the Agreement or to any matter or services that are the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in the Whatcom County, State of Washington, United States of America.
- Choice of Law
Notwithstanding any otherwise applicable conflicts of laws principles and any otherwise applicable international treaty provisions, all matters relating to the validity, interpretation, and enforcement of the Agreement shall be exclusively governed by and determined under the laws of the State of Washington.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation by you shall be ineffective.
Jefferson Education may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. Jefferson Education may also substitute, by way of unilateral novation, effective upon notice to you, Jefferson Education for any third party that assumes Jefferson Education rights and obligations under the Agreement.
Jefferson Education reserves the right to modify, supplement, or replace the terms of the Agreement.
If for any reason a court of competent jurisdiction finds any provision, term, condition, obligation or duty of this Agreement, or any portion thereof, to be unenforceable, the balance of the Agreement shall continue in full force and effect.
The failure of Jefferson Education to insist in any one or more instances upon strict performance of, or compliance with, any provision of this Agreement by you, or to take advantage of any of its rights or remedies hereunder, shall not be construed as a waiver by Jefferson Education of any such provision, right or remedy with respect to any subsequent nonperformance or failure of compliance by you, or a modification of any such provision, but the same shall remain in full force and effect.
- Entire Agreement
You agree that the Agreement constitutes the entire, complete, and exclusive agreement between you and Jefferson Education regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Agreement.