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Terms of Use and Service

Terms of Service

Conditions of Use 

Welcome to EdWarehouse.com. Cutting Edge Education LLC (Owner of EdWarehouse.com) provides website features to you subject to the following conditions. If you visit or shop at EdWarehouse.com, you accept these conditions. In addition, when you use any current or future EdWarehouse.com service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

ELECTRONIC COMMUNICATIONS

When you visit EdWarehouse.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cutting Edge Education LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cutting Edge Education and protected by U.S. and international copyright laws. All software used on this site is the property of Cutting Edge Education LLC or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Cutting Edge Education LLC is the sole owner of all names or marks that appear on EdWarehouse.com or CuttingEdgeEducation.com with the exception of specific materials manufactured for sale on these sites by a company other that Cutting Edge Education LLC.

LICENSE AND SITE ACCESS

Cutting Edge Education LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cutting Edge Education LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cutting Edge Education LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cutting Edge Education LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cutting Edge Education LLC’s name or trademarks without the express written consent of Cutting Edge Education LLC. Any unauthorized use terminates the permission or license granted by Cutting Edge Education LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CuttingEdgeEducation.com or EdWarehouse.com so long as the link does not portray Cutting Edge Education LLC (or EdWarehouse.com), or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cutting Edge Education LLC logos or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site and register an account on EdWarehouse.com, 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. Cutting Edge Education LLC does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use CuttingEdgeEducation.com or EdWarehouse.com only with involvement of a parent or guardian. Cutting Edge Education LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COPYRIGHT COMPLAINTS

Cutting Edge Education LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All items purchased from Cutting Edge Education LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Cutting Edge Education attempts to be as accurate as possible. However, Cutting Edge Education LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cutting Edge Education itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Despite our best efforts, a small number of the items in our website and catalogs may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CUTTING EDGE EDUCATION LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CUTTING EDGE EDUCATION LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CUTTING EDGE EDUCATION LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cutting Edge Education DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Cutting Edge Education ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cutting Edge Education WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting EdWarehouse.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cutting Edge Education.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to EdWarehouse.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Cutting Edge Education LLC
712 Van Nuys Street San Diego CA 92109

Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cutting Edge Education LLC with all applicable written information. Please note that this procedure is exclusively for notifying Cutting Edge Education LLC that your copyrighted material has been infringed.

Cutting Edge Education LLC
712 Van Nuys Street San Diego CA 92109

phone: (866) 697-7592 

fax: (866) 395-9929 

e-mail: info@EdWarehouse.com

Terms of Use

Privacy and Security Policies - Cutting Edge Education LLC and www.EdWarehouse.com.

We respect the privacy of our customers. This official Privacy and Security Statement is designed to help you understand what information we gather and how we use it. In our ongoing effort to improve the services and features we provide to our customers, www.EdWarehouse.com and its parent company Cutting Edge Education LLC will continue to implement new technologies from time to time. As a result, this policy is subject to change without prior notice. We encourage you to review our privacy policy periodically.

ONLINE PRIVACY—THE INFORMATION WE GATHER

AGGREGATE SITE USAGE INFORMATION

We collect and store information about the pages viewed by all of our website visitors. We then use this data in aggregate form to identify overall visitor behavior patterns. Our goal in using this information is to improve our site by making it more responsive to the needs and preferences of our users.

Our web servers automatically collect information about each visitor who requests www.EdWarehouse.com web pages, including your computer's internet protocol (IP) address. This IP address allows us to identify your computer on the internet so that the Web content you request from us can be sent to you.

We will use this aggregate site behavior information to make improvements in the functionality of our site however we will never release any specific customer information to a vendor.

ONLINE ORDER INFORMATION

If you choose to purchase products from the www.EdWarehouse.com website, we require the following information in order to fulfill your order:

1. Name
2. Contact phone number(s)
3. Address
4. E-mail address
5. Credit Card account information

We use this information to process your order and to make sure that it is delivered to you. Aggregated order information is also used to track and analyze overall shopping trends, which allows www.EdWarehouse.com to improve product offerings and services to its customers.

We request an e-mail address during the order process so that we can send an e-mail confirmation message acknowledging the receipt of your order. This message contains your name, address, the list of items you purchased, an order reference number, a confirmation of your shipping method, and the total amount of items requested. Please note that this confirmation e-mail does NOT contain your credit card number.

COMMUNICATIONS FROM www.EdWarehouse.com AND OTHER COMPANIES Whenever you purchase products from www.EdWarehouse.com, we collect and store the information that you volunteer-information such as your name, e-mail address, postal address and phone number. The information you supply is added to our customer database. You may receive periodic printed or e-mail communications from us about new products and services, discounts, special promotions or upcoming events.

If you want to be removed from all www.EdWarehouse.com marketing please e–mail us as info@cuttingedgeeducation.com and let us know. We will promptly remove you from all future marketing efforts.

OTHER www.EdWarehouse.com PRIVACY NOTES

1. Links to or From Other Sites— www.EdWarehouse.com may provide links to websites outside of www.EdWarehouse.com as an added convenience to the user. There are also affiliates that link to www.EdWarehouse.com. Any link included does not imply or convey endorsement of the other company or organization, its site, or its products or services. www.EdWarehouse.com is not responsible for the privacy, terms of use, or other policies of any other website.

2. www.EdWarehouse.com's Children's Policy—We do not intend to collect any personally identifiable information from children through our websites. Please do not allow children under the age of 13 to provide any personally identifiable information.

Terms & Conditions - www.EdWarehouse.com PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.

COPYRIGHTS, TRADEMARKS & RESTRICTIONS

The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by Cutting Edge Education LLC and

www.EdWarehouse.com, ALL RIGHTS RESERVED. Edwarehouse and other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of Cutting Edge Education LLC. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.

The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of Cutting Edge Education LLC and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Cutting Edge Education LLC and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Cutting Edge Education LLC or its subsidiaries or affiliates) without Cutting Edge Education LLC prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Cutting Edge Education LLC. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without Cutting Edge Education LLC prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Cutting Edge Education LLC or third parties.

Limited Exceptions: You may incorporate specific downloadable “Teaching Tips” into your teaching activities. Any use of the “Teaching Tips” for profit is strictly prohibited. All other written or recorded material on the www.EdWarehouse.com site fall outside this exception.

LINKS

Cutting Edge Education LLC or its subsidiaries or affiliates is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Cutting Edge Education LLC, and Cutting Edge Education LLC has no control over the content of that other website. In addition, a link to any other website does not imply that Cutting Edge Education LLC endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Cutting Edge Education LLC of that third party or of any product or service provided by a third party.

PRIVACY ISSUES

Cutting Edge Education LLC is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement.

PRODUCT AND SERVICES INFORMATION

Most products offered on the Site are available in select independent stores throughout the United States, however, prices and availability may vary. Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.

We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Cutting Edge Education LLC copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.

1. A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.

2. Sufficient information about the location of the allegedly infringing Materials so that Cutting Edge Education LLC can find and verify its existence.

3. Your name, telephone number and e–mail address.

4. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.

5. A signature or the electronic equivalent from the copyright holder or authorized representative. Cutting Edge Education LLC agent for notice of copyright issues on the Site can be reached as follows:

Cutting Edge Education LLC
712 Van Nuys Street San Diego CA 92109
Attn: Legal Department

 

CONDUCT OF USERS

You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which Cutting Edge Education LLC considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

INDEMNITY

By using the Site, you agree to indemnify the Cutting Edge Education LLC Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Cutting Edge Education LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DISCLAIMER, LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY Cutting Edge Education LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cutting Edge Education LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Cutting Edge Education LLC IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE Cutting Edge Education LLC PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.

NONE OF THE Cutting Edge Education LLC PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE Cutting Edge Education LLC PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TERMINATION

Cutting Edge Education LLC may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by Cutting Edge Education LLC, your sole remedy is to terminate your use of the Site.

JURISDICTION

Cutting Edge Education LLC operates the Site from its offices within the United States. Cutting Edge Education LLC makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These T&C will be governed by and construed in accordance with the laws of the State of Utah, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the State of Utah; provided, however, that notwithstanding anything contained in these T&C to the contrary, Cutting Edge Education LLC shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Cutting Edge Education LLC rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force. These T&C constitute the entire agreement between you and Cutting Edge Education LLC concerning your use of the Site.

COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Cutting Edge Education LLC, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us.