Current as of July 18, 2018

Edtoba, LLC is pleased to make this site located at edtoba.com (the “Site”) available for your use and benefit. By using, browsing and/or accessing this Site, you warrant that you are of the age of majority and agree to these Terms of Use. Use of this Site is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with our Terms of Use and Privacy Policy, do not use the Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by the Privacy Policy unless otherwise stated. To access and use certain services available through the Site, you may be required to register with us through a login/registration page and you must agree to be bound by any additional applicable terms and conditions.

Online Orders

Orders:

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Payment Terms:

All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping Information:

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Please see our Shipping and Delivery Policy.

Returns:

Please see our Returns and Exchanges Policy. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

Links to Other Websites

This Site may contain links to other websites. Additionally, other websites may contain links to this Site. We do not review or monitor the websites linked to this Site and we are not responsible for the contents of any other websites. Any link established by us does not in any respect whatsoever constitute an endorsement of the other website or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other v. Where this Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional Terms of Use and Privacy Policy terms and conditions.

Limitations on Use of Content

All rights reserved.  Unless otherwise noted, the Site and its entire content, features and functionality (including all software, text, displayed, images, video, audio and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned controlled or licensed by Edtoba, LLC, its suppliers or affiliates, or by third parties who have licensed their materials to Edtoba, LLC and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property laws. Edtoba, LLC and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Edtoba, LLC’s or any third party's intellectual property rights. The Edtoba name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Edtoba, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of our Site for your own exclusive benefit and solely for the purposes intended by our Site (“License”). No portion or element of this Site or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our Site. This Site, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.

Infringing Material/DMCA Notification Procedures

Edtoba, LLC takes claims of copyright infringement seriously. Edtoba, LLC will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EDTOBA, LLC OR ITS AFFILIATES OR AGENTS SHALL BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR USE OF THIS SITE OR FOR PRODUCTS YOU PURCHASE THAT ARE NOT AS WARRANTED. THE LIMITATIONS OR EXCLUSIONS OF LIABILITY STATED HEREIN APPLY IN THE STATE OF NEW YORK, USA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Prohibited Activities and Visitor Obligations

As a visitor to this Site you shall not:

User Content

You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this Site (“User Content”).

In addition, we may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including our photo release form, likeness form, and location form, and we may use such Media on our Site, with our other online activities, and/or in our marketing.

Although Edtoba, LLC has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media on this Site, Edtoba, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By posting User Content to this Site or transmitting User Content through this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights (including permission from all person(s) appearing in your User Content) to post or transmit the User Content to the Site and to grant the rights to Edtoba, LLC that you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use, transmission and/or posting thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

By posting User Content to this Site or transmitting User Content through this Site you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Edtoba, LLC of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. Edtoba, LLC may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of Edtoba, LLC and Edtoba, LLC may use the User Content and Media for any purpose. See the Submissions section below for more information.

Monitoring

We may, but are not obligated to, monitor any and all data transmitted or received through the Site. At our sole discretion and without further notice to you, we and/or our agents may (but are not obligated to) review, censor or prohibit the transmission or receipt of any information which we deem inappropriate or that violates any term or condition of the Terms of Use. During monitoring, data may be examined, recorded, copied and used by us or our agents. By using of the Site, you consent to such monitoring.

Product Reviews

Our Site may provide you and other users of our Site with the opportunity to tell Edtoba, LLC and other users of our Site what you think about our products or services (“Product Reviews”). If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Edtoba, LLC does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Edtoba, LLC. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.

Web Chat

We may provide functionality on our Site that allows you to chat with Edtoba, LLC representatives via our Site (“Web Chat”). Your Web Chat with Edtoba, LLC shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Edtoba, LLC. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.

Submissions to Edtoba, LLC

Any and all materials you send or submit to us or a third party provider on this Site, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Edtoba, LLC an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Edtoba, LLC shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Third Party Providers of Functionality on the Site

We may have functionality on our Site that is provided, in whole or in part, by a third-party service provider, including but not limited to Product Reviews and Web Chat. You can usually identify such third-party functionality by the use of a trademark not owned by Edtoba, LLC on or near the functionality. For such third-party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our Site.

Indemnification

You agree to indemnify, defend and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we shall incur or suffer which relate to the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.

We may use a third party to manage or process purchases made by you on our Site. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.

Changes to Terms of Use

These Terms of Use may be changed from time to time at our sole discretion. Please review the “Last Updated” date at the end of these Terms of Use which provides the date these Terms of Use were last changed. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, other than publishing the “Last Updated” date, and to the fullest extent permitted by applicable law, you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms of Use.

Continued Operation, Accessibility and Maintenance of this Site

We may interrupt, modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and to the fullest extent permitted by applicable law, we reserve the right to refuse service to anyone at any time. We shall have no responsibility to provide you access to the Site, while interruption of the Site due to any such cause shall continue. You agree that we and our agents shall not be liable to you for any loss or liability resulting directly or indirectly from delays, interruptions or inability to provide you access to the Site.

General Provisions

We make no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. We attempt to be as accurate as possible. We cannot and do not warrant that the information available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the information, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes to the information. Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce the same. These Terms of Use shall be governed by the laws of the State of New York. For the purpose of resolving conflicts relating to or arising out of these Terms of Use or arising out of any other dispute or claim associated with us, venue shall be in the State of New York only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of New York. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. In the event of a conflict between the Terms of Use and our other policies like our Privacy Policy or Returns and Exchanges policy, the Terms of Use shall govern, unless otherwise stated herein. If we take action, including, but not limited to, a proceeding, litigation, administrative action, mediation or arbitration, to enforce any of the provisions of this Terms of Use, including collection of any amounts due hereunder, and we prevail, we shall be entitled to recover from you (and you agree to pay), in addition to all sums to which we are entitled or any other relief, at law or in equity, attorneys’ fees incurred and any costs, including non-statutory costs, of any action.

Contact

For questions or comments related to this Site or these Terms of Use, e-mail us at support@edtoba.com.

Accessibility Statement

Edtoba, LLC is committed to providing a Site that is accessible to the widest possible audience, regardless of technology or ability. For more information, see the Accessibility Statement. If you experience any difficulty in accessing any part of this Site, please contact us at: support@edtoba.com.

Terms of Use

Current as of July 18, 2018

Edtoba, LLC is pleased to make this site located at edtoba.com (the “Site”) available for your use and benefit. By using, browsing and/or accessing this Site, you warrant that you are of the age of majority and agree to these Terms of Use. Use of this Site is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with our Terms of Use and Privacy Policy, do not use the Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by the Privacy Policy unless otherwise stated. To access and use certain services available through the Site, you may be required to register with us through a login/registration page and you must agree to be bound by any additional applicable terms and conditions.

Online Orders

Orders:

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Payment Terms:

All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping Information:

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Please see our Shipping and Delivery Policy.

Returns:

Please see our Returns and Exchanges Policy. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

Links to Other Websites

This Site may contain links to other websites. Additionally, other websites may contain links to this Site. We do not review or monitor the websites linked to this Site and we are not responsible for the contents of any other websites. Any link established by us does not in any respect whatsoever constitute an endorsement of the other website or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other v. Where this Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional Terms of Use and Privacy Policy terms and conditions.

Limitations on Use of Content

All rights reserved.  Unless otherwise noted, the Site and its entire content, features and functionality (including all software, text, displayed, images, video, audio and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned controlled or licensed by Edtoba, LLC, its suppliers or affiliates, or by third parties who have licensed their materials to Edtoba, LLC and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property laws. Edtoba, LLC and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Edtoba, LLC’s or any third party's intellectual property rights. The Edtoba name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Edtoba, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of our Site for your own exclusive benefit and solely for the purposes intended by our Site (“License”). No portion or element of this Site or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our Site. This Site, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.

Infringing Material/DMCA Notification Procedures

Edtoba, LLC takes claims of copyright infringement seriously. Edtoba, LLC will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EDTOBA, LLC OR ITS AFFILIATES OR AGENTS SHALL BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR USE OF THIS SITE OR FOR PRODUCTS YOU PURCHASE THAT ARE NOT AS WARRANTED. THE LIMITATIONS OR EXCLUSIONS OF LIABILITY STATED HEREIN APPLY IN THE STATE OF NEW YORK, USA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Prohibited Activities and Visitor Obligations

As a visitor to this Site you shall not:

  • violate any applicable local, state, national or international statute, regulation, or law;
  • upload, post, use, transmit or otherwise make available any content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • upload, post, use, transmit or otherwise make available any content that is subject to any disclosure restrictions;
  • upload, post, use, transmit or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, privacy or publicity rights, or any other proprietary rights;
  • upload, post, use, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  • upload, post, use, transmit or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • use any data mining technique, or robots or similar data gathering and extraction tools;
  • create a hyperlink to the Site, or any page of the Site, without the Edtoba, LLC’s express written consent, nor imply affiliation with or endorsement or sponsorship by Edtoba, LLC, or cause confusion, mistake or deception in connection therewith;
  • interfere with or otherwise limit the use of this Site by other users; or collect, compile or store personal information about other users of this Site;
  • share your password with anyone else;
  • disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
  • use this Site for commercial purposes.

User Content

You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this Site (“User Content”).

In addition, we may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including our photo release form, likeness form, and location form, and we may use such Media on our Site, with our other online activities, and/or in our marketing.

Although Edtoba, LLC has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media on this Site, Edtoba, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By posting User Content to this Site or transmitting User Content through this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights (including permission from all person(s) appearing in your User Content) to post or transmit the User Content to the Site and to grant the rights to Edtoba, LLC that you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use, transmission and/or posting thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

By posting User Content to this Site or transmitting User Content through this Site you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Edtoba, LLC of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. Edtoba, LLC may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of Edtoba, LLC and Edtoba, LLC may use the User Content and Media for any purpose. See the Submissions section below for more information.

Monitoring

We may, but are not obligated to, monitor any and all data transmitted or received through the Site. At our sole discretion and without further notice to you, we and/or our agents may (but are not obligated to) review, censor or prohibit the transmission or receipt of any information which we deem inappropriate or that violates any term or condition of the Terms of Use. During monitoring, data may be examined, recorded, copied and used by us or our agents. By using of the Site, you consent to such monitoring.

Product Reviews

Our Site may provide you and other users of our Site with the opportunity to tell Edtoba, LLC and other users of our Site what you think about our products or services (“Product Reviews”). If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Edtoba, LLC does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Edtoba, LLC. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.

Web Chat

We may provide functionality on our Site that allows you to chat with Edtoba, LLC representatives via our Site (“Web Chat”). Your Web Chat with Edtoba, LLC shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Edtoba, LLC. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.

Submissions to Edtoba, LLC

Any and all materials you send or submit to us or a third party provider on this Site, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Edtoba, LLC an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Edtoba, LLC shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Third Party Providers of Functionality on the Site

We may have functionality on our Site that is provided, in whole or in part, by a third-party service provider, including but not limited to Product Reviews and Web Chat. You can usually identify such third-party functionality by the use of a trademark not owned by Edtoba, LLC on or near the functionality. For such third-party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our Site.

Indemnification

You agree to indemnify, defend and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we shall incur or suffer which relate to the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.

We may use a third party to manage or process purchases made by you on our Site. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.

Changes to Terms of Use

These Terms of Use may be changed from time to time at our sole discretion. Please review the “Last Updated” date at the end of these Terms of Use which provides the date these Terms of Use were last changed. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, other than publishing the “Last Updated” date, and to the fullest extent permitted by applicable law, you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms of Use.

Continued Operation, Accessibility and Maintenance of this Site

We may interrupt, modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and to the fullest extent permitted by applicable law, we reserve the right to refuse service to anyone at any time. We shall have no responsibility to provide you access to the Site, while interruption of the Site due to any such cause shall continue. You agree that we and our agents shall not be liable to you for any loss or liability resulting directly or indirectly from delays, interruptions or inability to provide you access to the Site.

General Provisions

We make no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. We attempt to be as accurate as possible. We cannot and do not warrant that the information available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the information, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes to the information. Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce the same. These Terms of Use shall be governed by the laws of the State of New York. For the purpose of resolving conflicts relating to or arising out of these Terms of Use or arising out of any other dispute or claim associated with us, venue shall be in the State of New York only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of New York. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. In the event of a conflict between the Terms of Use and our other policies like our Privacy Policy or Returns and Exchanges policy, the Terms of Use shall govern, unless otherwise stated herein. If we take action, including, but not limited to, a proceeding, litigation, administrative action, mediation or arbitration, to enforce any of the provisions of this Terms of Use, including collection of any amounts due hereunder, and we prevail, we shall be entitled to recover from you (and you agree to pay), in addition to all sums to which we are entitled or any other relief, at law or in equity, attorneys’ fees incurred and any costs, including non-statutory costs, of any action.

Contact

For questions or comments related to this Site or these Terms of Use, e-mail us at support@edtoba.com.

Accessibility Statement

Edtoba, LLC is committed to providing a Site that is accessible to the widest possible audience, regardless of technology or ability. For more information, see the Accessibility Statement. If you experience any difficulty in accessing any part of this Site, please contact us at: support@edtoba.com.