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  • TERMS AND CONDITIONS

    INTRODUCTION

    This agreement ("Agreement") is a legal contract between you and Cognitive Junction, Inc., a New Jersey corporation with a principal place of business at 4 Dogwood Court, Princeton, NJ 08550 (referred to herein as “the “Company,” “we,” or “our”). The terms of this Agreement govern your use of the Company’s websites located at https://www.affordedu.com (the "Website"), and all content, software, functions, materials, courses, services, products, and information displayed on or provided through the Website (the “Content”). The Website and the Content are together referred to herein as “affordedu.com”). By using AffordEdu.com you are signifying your agreement with the terms and conditions set forth in this Agreement.

    1. These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
    2. You must be at least [13] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [13] years of age.
    3. Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
    4. Under this terms and conditions it is expressly agreed and acknowledged that the company will only make a refund specifically for the amount earlier received by the company, on no account should the company be charged above the amount initially paid, the company shall be held harmless and indemnified and shall not be responsible for other expenses. This section survives the termination of whatever agreement the company has with the client.

    LICENSE TO USE WEBSITE

    1. Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
    2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
    3. You must not:
    4. Republish material from this website (including republication on another website).
    5. Sell, rent or sub-license material from the website.
    6. Show any material from the website in public.
    7. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
    8. Edit or otherwise modify any material on the website; or
    9. Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
    10. We reserve the right to refuse service to anyone for any reason at any time.

    ACCEPTABLE USE

    1. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    2. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
    3. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
    4. You must not use our website to transmit or send unsolicited commercial communications.
    5. You must not use our website for any purposes related to marketing without our express written consent.

    PAID SERVICES:

    Certain features and functionalities of AffordEdu.com are available only to paid subscribers. If you engage the Company to provide courses, other services, or products to you for a fee (“Paid Services”), you understand and agree that:

    1. The Company shall provide the Paid Services under the terms of this Agreement.
    2. You must select one of the service plans offered by the Company (each a “Service Plan”). You may also make individual purchases of courses, other services, or products (each an “Additional Service”) offered by the Company.
    3. You must pay for your Service Plan and all other Additional Services using a credit card. Debit cards, PayPal, checks, or other payment methods cannot be accepted at this time.
    4. For each Additional Service you select, the Company will charge you, and you agree to pay, the full cost of the Additional Service(s) you select, plus all applicable sales, use, transfer and other taxes, and all applicable duties, on the day you purchase the Additional Service.
    5. For the Service Plan you select, the Company will charge you, and you agree to pay, the full monthly cost of the Service Plan you select, plus all applicable sales, use, transfer and other taxes, and all applicable duties, on the first day of each calendar month, for as long as your Service Plan is in force, except the Company will charge you, and you agree to pay, a pro-rata amount of the full monthly cost of the Service Plan you select, plus all applicable sales, use, transfer and other taxes, and all applicable duties, on the day your Service Plan starts.
      1. This pro-rata amount shall be calculated as the full monthly cost of the Service Plan you select multiplied by a fraction representing the percentage of the remaining days in your start month, plus all applicable sales, use, transfer and other taxes, and all applicable duties. For example, if your Service Plan starts on the tenth day of May, the Company will charge you the full monthly cost of the Service Plan you selected multiplied by 0.677, i.e., 21 days (the days remaining in May) divided by 31 days (the total number of days in May).
      2. The Company is unable to refund any payments you make for your Service Plan.
    6. If any charge to your credit card for your Service Plan is rejected, the Company may immediately terminate your Service Plan and disable your access to certain portions of affordedu.com. In addition, the Company may charge you, and you agree to pay, a late charge of $10.00 for every month or portion of a month that the payment is overdue.
    7. If any payment due to the Company for your Service Plan is more than 30 days overdue, the Company will charge you, and you agree to pay the Company interest on the amount of such late payment(s) at the rate of one percent (1%) per month. In addition, the Company will charge you, and you agree to pay the Company any expenses, collection costs, and reasonable attorneys' fees the Company has incurred or may incur to collect such past due amounts.

    RESTRICTED ACCESS

    1. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. (We obviously would only do that if we have reason to believe that you visit with malicious intent)
    2. You must notify us in writing immediately if you become aware of any unauthorized use of your account or email
    3. You are responsible for any activity on our website arising out of any failure to keep your information confidential and may be held liable for any losses arising out of such a failure.
    4. You must not use any other person’s user ID to access our website, unless you have that person’s express permission to do so.
    5. We may disable your user ID at any time in our sole discretion with or without notice or explanation. (We obviously would only do that if we have reason to believe that you visit with malicious intent)

    THIRD PARTY SITE

    Although, www.affordedu.com may contain links to many other sites as part of our effort to provide a service to our users. www.affordedu.com do not control the content or links that appear on these sites and are and will not be responsible for the practices employed by websites linked to or from our Site.

    USER CONTENT

    1. In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
    2. You are responsible for all activity and content (data, graphics, photos, and links) that is uploaded under your account.
    3. We may, but have no obligation to, remove content and Accounts containing 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.
    4. You retain ownership over all content that you submit to our website, however by making your site public, you agree to allow others to view your content.
    5. You warrant and represent that your content will comply with these terms of use.
    6. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
    7. You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
    8. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
    9. Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
    10. We do not warrant that the results that may be obtained from the use of this service will be uninterrupted, timely, secure or error-free, but we commit to do the best we can to give you the best service possible.

    LIMITED WARRANTIES

    1. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
    2. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality.

    LIMITATIONS AND EXCLUSIONS OF LIABILITY

    1. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
    2. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
    3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    4. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    LICENSED EDUCATIONAL CONTENT

    AffordEdu may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by AffordEdu or its third-party licensors (the “Licensed Educational Content”). AffordEdu grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by AffordEdu solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

    1. Alternate Licenses. In certain cases, AffordEdu or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Website, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, You agree to comply fully with all the terms and conditions of such Alternate License.
    2. Creative Commons License: Unless expressly otherwise identified on the Website with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution ShareAlike 3.0 Unported (CC BY-SA 3.0) (available at https://creativecommons.org/licenses/by-sa/3.0/deed.en_US) (the “Creative Commons License”).

    DIGITAL MILLENIUM COPYRIGHT ACT COMPLIANCE

    We respect the intellectual property rights of others and expect users of the Site to do the same. In our sole and absolute discretion, we may terminate the accounts of users who infringe the intellectual property rights of others. You may contact our agent as indicated below if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c) (3) of the Digital Millennium Copyright Act to confirm these requirements): I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your notification is the best way to help us locate content quickly; iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; And VI, A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that the information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content. Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, so please do not make false claims. After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or that they may otherwise change their mind. As a result, we will honor retractions of copyright claims from the party who originally submitted them. To retract a notification, please send a statement of retraction, the complete and specific URL of the content in question, and an electronic signature to the email address we provide at the end of these Terms of Service. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers Termination We reserve the right to terminate these Terms of Service with immediate effect at any time and for any reason. Expiration or termination (for any reason) of these Terms of Service, shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.

    CLASS ACTION WAIVER

    You agree NOT to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree not to bring any class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.

    INDEMNIFY

    1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

    BREACHES OF THESE TERMS OF USE

    1. Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

    VARIATION

    1. We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

    SEVERABILITY

    1. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    EXCLUSION OF THIRD PARTY RIGHTS

    1. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

    ENTIRE AGREEMENT

    1. Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

    LAW AND JURISDICTION

    1. These terms of use will be governed by and construed in accordance with the laws of New Jersey, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of New Jersey
    2. This Agreement constitutes the entire agreement between Company and you with respect to your use of the AffordEdu.com.

    This terms and conditions was created and last updated on the 6th of March 2017.