Terms of Services
Terms of Service ("Terms")
AGREEMENT BETWEEN YOU AND THE “SERVICE” OPERATED BY WIN ELEMENTS LLC ( “US”, “WE”, OR “OUR).
Last updated: May 18, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the "Service" operated by Win Elements LLC ("us", "we", or "our").
Streamlineed.com, k-8.streamlineed.com, and support.streamlineed.com (the "Service") provided by Win Elements LLC with permission of your local school (“Local School”) , local school district (“Local School District”) , teacher (“Teacher”) , or other responsible education authority (the "Subscriber") is made available to you (the "User") subject to the following Terms of Service (the "Terms").
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU ARE A PARENT OR A LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
IF YOU DISAGREE WITH ANY PART OF THE THE TERMS, THEN YOU DO NOT HAVE THE PERMISSION TO ACCESS THE SERVICE.
THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTION AND/OR JURY TRIALS, ANDY YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY ARBITRATION
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN ITS SOLE DISCRETION AT ANY TIME.
The Service includes, but are not limited to, a learning management system host on streamlineed.com, k-8.streamlineed.com, and an ecommerce on support.streamlineed.com. StreamlineED.com and k-8.streamlineed are websites that host an open-source online learning management systems (LMS) that provide TEACHERS learning management tools that include, but are not limited to, including an online adaptive quiz, discussion boards, gradebook, and collaborative activities. We provides an account that enables a designated User (usually, TEACHER ) to manage online learning course for their students. TEACHERS access and manages to their courses and provide general support on behalf of an Entity (such as, local school or local district). “User” means any user of the Service, including TEACHER and STUDENT.
1. Accounts. THE SERVICE IS NOT AVAILABLE TO (1) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE (2) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY THE USER’S LEGAL PARENT OR GUARDIAN. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ARE EITHER (1) AT LEAST 13 YEARS OF AGE OR (2) YOUR LEGAL PARENT AND/OR GUARDIAN HAS CONSENTED TO YOUR USE OF THE WEBSITE, AND (3) YOUR USE OF THE WEBSITE IS IN COMPLIANCE WITH THIS TERMS OF SERVICE AND ALL APPLICABLE RULES AND REGULATIONS.
1.1 Account. To use certain features of the Website, you must register for an account, which you will be asked to provide username and password to connect to your account and use certain service of the website. Once you sign up, you are responsible for your account and any data associated with it. You are responsible for any activity that occurs on your account and you must keep your account password secure. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.You may never use someone else’s account without permission. We recommend using “strong” passwords (passwords that use a combination of letters, numbers, and symbols) for your account to avoid unauthorized use. If you believe that your account has been used by an unauthorized user, you must contact us by email immediately. We are not liable for any losses or other damages due to unauthorized use of your account. You hereby agree to indemnify, defend and hold harmless StreamlineEd against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (1) your violation of any provision, representation or warranty and (2) your authorized and/or unauthorized use of the website.
1.2 Child User. If you are user of the website whose age is under the age of 13 (“CHILD USER”), you may not register an account without the consent of your legal guardian and/or parent. We collects limited personal information from users when you create an account on the website. WHEN A CHILD’S LEGAL PARENT AND/OR GUARDIAN GIVES THE CHILD USER’S CONSENT TO USE THE WEBSITE, THE CHILD USER’S LEGAL PARENT OR GUARDIAN AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A CHILD USER OR A CHILD USER WITH THE CONSENT OF THE CHILD USER’S LEGAL PARENT OR GUARDIAN; OR, THE USER WHO REGISTERS IS A TEACHER.
1.3 Teacher User. We make certain features, including, not limited to, administrative features and tools of maintaining a COURSE to certain users (including, not limited to, teachers, educators, and representative of districts and/or school) to work with with other users (such as students and other users) throughout the website in order to provide educational-related services ( such as, for example, (1) create assessments, (2) monitor students and other users progress and content, and (3) upload content for students and other users to access). If YOU ARE A TEACHER AND YOU HELP REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED VERIFIABLE CONSENT FROM SUCH CHILD USER’S LEGAL GUARDIAN OR PARENT. YOU ALSO FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING, BUT NOT LIMITED TO, BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. As a result, you also agree to indemnify, defend and hold harmless us against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (1) your failure to obtain sufficient parental or legal guardian consent; (2) the use of the Website by the Child User; and (3) your violations of any applicable laws and regulations, including, but not limited to, the Child Online Privacy Protection Act (COPPA). For more information on COPPA, please see www.ftc.gov/privacy.
2. Privacy Notice. Your privacy is important to us. Please read our Privacy Notice carefully for information relating to how we collect, use, and disclosure of Your personal information.
2.1 Google Adsense Advertising. WE only use Google AdSense on our E-COMMERCE/ ONLINE STORE, which is host on separate server(support.streamlineed.com), to serve ads when you visit our website. Google may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. WE DO NOT USE ANY PERSONALLY IDENTIFIABLE INFORMATION IN STUDENT RECORD TO ENGAGE IN TARGETED ADVERTISING. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.
3. User Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (1) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Win Elements LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Win Elements LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
3.2. Deidentified Information. WE may use de-identified information to improve educational products for adaptive learning purposes and for customizing user’s learning experiences.
3.3. Copyright License Grant to StreamlineEd ( Win Elements LLC). A user may submit feedback or testimonials about the service at the user’s discretion. By posting, submitting or distributing testimonials or feedback on or through the Website about the service, You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Win Elements LLC a worldwide, non-exclusive, transferable, fully paid-up, royalty-free, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute the content, in whole or in part, in any media formats and through any media channels.
4. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
4.1 DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
5. Prohibited Conduct. BY USING THE WEBSITE, YOU AGREE NOT TO DO ANY OF THESE THINGS:
(1) post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, racially or ethnically offensive, libelous, indecent, pornographic, harassing, threatening, embarrassing, distressing, or otherwise inappropriate;
(2) upload invalid data, viruses, worms or other software agents through the WEBSITE.
(3)make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website;
(4) Impersonate any person or entity
6. Interactions With Other Users
6.1 No Confidentiality. Part of the service is to provide users the tools to collaborate and communicate with other users (such as, not limited to, posting on forums, workshops, and feedback). When publishing content on the website or communicating with other users, you acknowledge that all communications and any other user generated content may be viewed by other members. You hereby understand that you will always use caution when giving out any personally identifying information about yourself. You also understand that you are solely responsible for your interactions with other Users. You also agree that StreamlineEd will not be responsible for any liabilities, damages, and losses resulted of such interaction.
6.2 No Obligation to Pre-Screen Content. Certain features of our service permits users to publish content. You understand that we are is not obligated to review or monitor, and/or to pre-screen Content (including, but not limited to, Your Content and other User Content). However, we reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, and/or (3) otherwise creates liability for us. You also agree that you are
7. Links To Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by Win Elements LLC.
Win Elements LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Win Elements LLC 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 the use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Win Elements LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
10. Limitation Of Liability
In no event shall Win Elements LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Win Elements LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
12. Arbitration Agreement
This Arbitration Agreement is part of your contract with Win Elements LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
12.1. Any claims, disputes, and conflicts in connection with Agreement or the use of any product or service provided by Win Elements LLC that cannot resolved informally will be resolved by binding arbitration on an individual basis administered by the American Arbitration Association (“AAA”) under its Arbitration Rules, which are available online at www.adr.org or calling the AAA at 1-800-778-7879.
12.2. IT IS UNDERSTOOD THAT BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. Both parties hereby waive their constitutional and statutory rights of Jury Trial. Instead, all claims and disputes will be resolved by arbitration under this Arbitration Agreement.
12.3. Notice Requirement. Before either party may initiate arbitration, the party must send a written notice of its intention to the other party and AAA office set forth above. A Notice to Win Elements LLC should be emailed to email@example.com and send to:
California Registered Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
12.4. The designated arbitrator will decide the rights and liabilities of you and Win Elements LLC. The arbitrator will deliver the decision or award in writing with a summary of the reasons for the decision or award, including written calculation of any damages awarded, and the decision or award shall be final and binding on all parties, their successors and assigns.
12.5. Time Limitation. If you or Win Elements LLC initiated an arbitration, any arbitration action must be initiated and filed within any deadline required by the AAA rules.
12.6. Confidentiality. All aspects of the arbitration proceedings shall be confidential unless otherwise required by law.
13. E-COMMERCE/ ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
13.1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks using PAYPAL OR STRIPE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express a written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
13.2 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
13.3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
13.4 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
13.5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
13.6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and
13.7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13.8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13.9- PERSONAL INFORMATION
13.10- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13.11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13.12- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Win Elements LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Win Elements LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by references, or your violation of any law or the rights of a third-party.
13.14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13.15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13.16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
13.16 -GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
13.17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
14. System Future Update.
Because we want to limit any possible disruption to our users' learning experiences on the Learning Management System websites (streamlineed.com and k-8.streamlineed.com), we hold up all of our updates for those two website until summer vacation of each year.
16. Modification of the Terms.
We reserve the right, at our sole discretion, to modify, to change, add, or remove portions of the Terms at any time. What constitutes a material change will be determined at our sole discretion. Please check the Terms and any Guidelines periodically for any changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We will make reasonable effort to provide notice to you of such amended Terms, such as by posting a notice on the Website or by email to the email address associated with your account.
17. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
If you are unable to contact us, you may contact our Registered Agent:
California Registered Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985