Terms of Use


Last Updated October 18, 2017

These Terms of Use ("Terms") constitute a binding agreement between you and Avenir Education Inc. dba SPEDx (the "Company"). Please read these Terms carefully before using the SPEDx site www.spedx.com (the "Site"). "You" and "Users" shall mean all visitors to the Site. These Terms include the Company's Privacy and Cookies Policy ("Privacy Policy"), which is incorporated by reference into these Terms. Your use of the Site signifies your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use the Site.

This agreement is a legally binding contract. It may change periodically, and you agree you will review it and any updates regularly.

PLEASE READ THESE TERMS BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE

Your access to, and browsing, review and use of the Site is subject to these Terms and all applicable laws. By accessing and using the Site, you accept these Terms, without limitation or qualification. If you do not agree to the Terms, do not use the Site. If, at any time, any part of the Terms is no longer acceptable to you, immediately terminate your use of the Site.

RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS AND CONDITIONS

The Company reserves the right, in its sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of the Site, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using the Site.

PRIVACY

Please refer to the Company's Privacy Policy for information regarding the Company's collection, use, and storage of Users' information.

CHILDREN'S PRIVACY

The Site is not intended for nor directed toward children under the age of 13 and we do not knowingly collect Personal Information from children under 13 years of age. If you believe that your child may have provided us with Personal Information without your consent, you may alert us at hello@spedx.com. If the Company learns that it has inadvertently collected any Personal Information from children under 13, the Company will promptly take steps to delete such information.

COPYRIGHT AND USE OF SITE CONTENT

This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), the content is the property of the Company, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company or such third party that may own the trademark or copyright of material displayed on this Site.

The Company encourages and permits links to Content on the Site. You cannot use the Company logo without written permission. The Company does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that the Company promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without Company’s express written consent, or (c) uses the Content for commercial purposes. Furthermore, the Company does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms). We reserve the right to withdraw permission for any link at any time.

No Content or other material made available on or through the Site may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Site, in which case you are authorized to download a single copy of such materials for your own use. No materials obtained from the Site, even if authorized for download from the Site, may be redistributed, nor may they be used for any commercial purpose, without the Company's prior written permission.

RESPONSES TO ONLINE REQUESTS

From time to time, the Company may offer to provide information or materials via e-mail or otherwise to interested persons. The Company reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

PROHIBITED CONDUCT

You may use this Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that is any of the following:

  • is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to the Company in the Company's sole discretion;
  • contains computer viruses, worms, moles or other contaminating or destructive elements;
  • violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
  • contains any false or misleading statement;
  • contains advertising; or
  • otherwise violates any applicable criminal or civil law.

You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods and services. In addition, you may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.

CONTENT MANAGEMENT AND REMOVAL

The Company does not and cannot review generally the content posted by users of the Site ("Users' Content") and is not responsible for such Users' Content. We discourage the posting of sensitive or personal information in Users Content and we are not responsible for the use of your personal information that you publicly post by any third parties. The Company makes no representations and warranties with respect to the confidentiality of any User Content you make on the Site.

The Company reserves the right to cancel your access to these areas and/or delete, move, or edit any Users' Content (including messages posted in any forum) that it may determine, in its sole discretion, violates these Terms. You shall remain solely responsible for all Users' Content posted by you or by any other person using your account. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Users' Content, as it may determine in its sole discretion.

The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If has violated your copyright using the Site, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the "DMCA" ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, please email the Company at [Insert Email Address] a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

The Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). Under appropriate circumstances, Users who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

NON-ENDORSEMENT

The Company does not represent or endorse the accuracy or reliability of any Users' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any User, information provider or any other third party. The Company expressly disclaims any liability related to Users' Content, and you acknowledge that any reliance upon such User Content shall be at your sole risk.

THIRD PARTIES

The Company may provide you with links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the content or software applications located on or through any External Sites. If you use these links, you will leave the Site. Through our use, we do not endorse the organizations sponsoring such External Sites or their products or services. You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through an External Site.

You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

USER QUALIFICATIONS

When registering with or applying to the Company you agree to provide accurate, complete, and current registration information and you agree to provide the Company with any updates to that information promptly after such changes occur.

ACCESS TO AND AVAILABILITY OF THE SITE

The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

RESTRICTION, SUSPENSION OR TERMINATION

The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

The Company may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE COMPANY, ANY EXTERNAL SITES NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE COMPANY NOR ANY EXTERNAL SITES OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE COMPANY, ANY EXTERNAL SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: "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 MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMANY NOR ANY EXTERNAL SITE NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ANY EXTERNAL SITE AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold the Company and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "Company Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by the Company or Company Representatives in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with the Company's defense of such claim.

Choice of Law

These Terms shall be construed in accordance with the laws of the State of Georgia, without regard to conflict of laws principles, regardless of where you live.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Stay in touch

hello@spedx.com
675 Ponce De Leon Ave NE
Suite 8500
Atlanta, GA 30308

AWS EdStart
© 2017 AvenirEducation Inc.
Terms of Use | Privacy Policy