Terms & Conditions

Terms and Conditions

Last Modified: August 24, 2022

Acceptance of the Terms of Service

Welcome to www.Edbrix Inc.com operated and owned by Edbrix Inc. (“Company”, “we” or “us”). The  following terms and conditions together with any documents they expressly incorporate by reference,  collectively, these “Terms of Service”, govern your access to and use of the www.Edbrix.com website  and www.Edbrix.com mobile site (collectively, the “Properties”), including any content, functionality and  services offered on or through the Properties, whether as a guest or a registered user. Please read the  Terms of Service carefully prior to using the Properties. By using the Properties or by clicking  accept/agree to the Terms of Service, you accept and agree to be bound and abide by these Terms of  Service and our EdBrix Privacy Policy found at 405 State Highway 121 Bypass, Suite A250, Lewisville TX  75067 incorporated herein by reference. These Terms of Service will govern your use of the Properties  on or through any device, including but not limited to a computer, mobile device, and mobile  application. If you do not wish to agree to these Terms of Service or the EdBrix Privacy Policy, you must  not access or use the Properties. 

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All  changes are effective immediately when we post them and apply to all access to and use of the  Properties thereafter. However, any changes to the dispute resolution provisions set forth herein will  not apply to any disputes for which the parties have actual notice on or prior to the date the change  posted on the Properties. Your continued use of the Properties following the posting of revised Terms  of Service is confirmation that you accept and agree to the changes. You are expected to check this  page each time you access the Properties so you are aware of any changes as they are binding on you.  Any updates, changes, or modifications to the Terms of Service will be posted on this page.  

Accessing the Properties and Account Security

We reserve the right to withdraw or amend the Properties, and any service or material we  provide on the Properties, in our sole discretion without notice. We will not be liable if for any reason,  all or any part of the Properties is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of the Properties, or all of the Properties.  

You are responsible for: making all arrangements necessary for you to have access to the Properties;  and ensuring that all individuals who access the Properties through your internet connection are aware  of these Terms of Service and comply with them.

To access the Properties or some of the resources it offers, you may be asked to provide certain  registration details or other information. It is a condition of your use of the Properties that all of the  information you provide on the Properties is correct, current and complete. You agree that all  information you provide to register with the Properties or otherwise, including but not limited to  through the use of any interactive features on the Properties, is governed by our at www.edbrix.com and you consent to all actions we take with respect to your information consistent with our EdBrix  Privacy Policy.  

If you choose, or are provided with a username, password, or any other piece of information as part of  our security procedures, you must treat such information as confidential, and you must not disclose it to  any other person or entity. You also acknowledge that your account is personal to you and agree not to  provide any other person with access to the Properties or portions of it, using your username, password  or other security information. You agree that it is your responsibility to protect and maintain the  secrecy of your username, password and security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You  also agree to ensure that you exit from your account at the end of each session. You should use  particular caution when accessing your account from a public or shared computer so that others are not  able to view or record your password or other personal information.  

We have the right to disclose, access, or preserve any username, password, or other identifier, whether  chosen by you or provided by us, and any content provided by you, at any time if: required to do so by  law; if in our opinion, you have violated any provision of these Terms of Service or EdBrix Privacy Policy;  to enforce this Agreement; to protect the rights of any third party; or to provide services to you. 

Intellectual Property Rights

The Properties and its entire contents, features and functionality (including but not limited to all  information, software, text, displays, images, video, audio, and the design, selection, and arrangement  thereof), are owned by the Company, its licensors or other providers of such material and are protected  by United States and international copyright, trademark, patent, trade secret and other intellectual  property or proprietary rights laws. Any comments, changes and/or suggestions on improvement to the  Properties, made by you, shall at all times remain the property of the Company. If assignment is needed  to effectuate Company’s ownership of the comments/suggestions/changes, you assign to Company any  and all rights, title, and interest therein, perpetually. 

These Terms of Service permit you to use the Properties for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly  perform, republish, download, store or transmit any of the material on our Properties, except as follows:

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials;
  • you may store files that are automatically cached by your Web browser for display enhancement purposes;
  • if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; or
  • if we provide social media features with certain content, you may take such actions as are enabled by such features.
  • You must not:
  • modify copies of any materials from the Properties; or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Properties.

You must not access or use for any commercial purposes any part of the Properties or any services or  materials available through the Properties. If you print, copy, modify, download or otherwise use or  provide any other person with access to any part of the Properties in breach of the Terms of Service,  your right to use the Properties will cease immediately and you must, at our option, return or destroy  any copies of the materials you may have made. No right, title or interest in or to the Properties or any  content on the Properties is transferred to you, and all rights not expressly granted are reserved by the  Company. Any use of the Properties not expressly permitted by these Terms of Service is a breach of  these Terms of Service and may violate copyright, trademark, and other laws. 

Trademarks

The Company name, the terms, the Company logo and all related names, logos, product and  service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. You  must not use such marks without the prior written permission of the Company.  

Prohibited Uses

You may use the Properties only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Properties:

  • in any way that violates any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries;
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any materials that do not comply with the Content Standards set out in these Terms of Service;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Properties, or which, as determined by us, may harm the Company or user of the Properties or expose them to liability.

Additionally, you agree not to:

  • use the Properties in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Properties, including their ability to engage in real time activities through the Properties;
  • use any robot, spider or other automatic device, process or means to access the Properties for any purpose, including monitoring or copying any of the material on the Properties;
  • use any manual process to monitor or copy any of the material on the Properties or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Properties;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Properties, the server on which the Properties is stored, or any server, computer or database connected to the Properties;
  • attack the Properties via a denial-of-service attach or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Properties.

User Contributions

The Properties may contain message boards, chat rooms, personal web pages or profiles,  forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow  users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”)  content or materials (collectively, “User Contributions”) on or through the Properties. All User  Contributions must comply with the Content Standards set out in these Terms of Service. You submit  any User Contributions at your own risk. By providing any User Contribution on the Properties, you  grant us and our affiliates and service providers, and each of their and our respective licensees,  successors, and assigns the worldwide, perpetual, royalty-free, sublicensable, right to use, reproduce,  modify, perform, display, create derivative works from, distribute and otherwise disclose to third parties  any such material for any purpose, according to your account settings and subject to our EdBrix Privacy  Policy.  

You represent and warrant that: you own or control all rights in and to the User Contributions and have  the right to grant the license granted above to us and our affiliates and service providers and each of their and our respective licensees, successors and assigns; you will and all of your User Contributions do  and will comply with these Terms of Service and applicable laws, rules, and regulations.  

You understand and acknowledge that you are responsible for any User Contributions you submit or  contribute, and you, not the Company, have full responsibility for such content, including its legality,  reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the  content or accuracy of any User Contributions posted by you or any other user of the Properties, and  your User Contributions shall be subject to your indemnification obligations as set forth herein.

Monitoring and Enforcement: Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Properties or the public or could create liability for the Company;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Properties; and
  • terminate or suspend your access to all or part of the Properties for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement  authorities or court order requesting or directing us to disclose the identity or other information of  anyone posting any materials on or through the Properties. YOU WAIVE AND HOLD HARMLESS THE  COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING  FROM ANY ACTION TAKEN BY THE COMPANY, OR ANY OF THE FOREGOING PARTIES, DURING OR AS  RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF  INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.  

Please note that we cannot review all materials before it is posted on the Properties, and cannot ensure  prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability  for any action or inaction regarding transmissions, communications or content provided by any user or  third party. We have no liability or responsibility to anyone for performance or nonperformance of the  activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety, comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promote sexual explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights, including the rights of publicity and privacy of others, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our EdBrix Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.  (collectively, “Content Standards”)

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our DMCA Policy set forth below for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Properties is made available solely for general information  purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any  reliance you place on such information is strictly at your own risk. We disclaim all liability and  responsibility arising from any reliance placed on such materials by you or any other visitor to the  Properties, or by anyone who may be informed of any of its contents. The Properties may include  content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed  in these materials, and all articles and responses to questions and other content, other than the content  provided by the Company, are solely the opinions and the responsibility of the person or entity  providing those materials. 

These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable  to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Properties

We may update the content on the Properties from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Properties may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Properties

All information we collect on the Properties is subject to our EdBrix Privacy Policy.  By using the Properties, you consent to all actions taken by us with respect to your information in compliance with the EdBrix Privacy Policy.

Linking to the Properties and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage  our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any  form of association, approval or endorsement on our part without our express written consent.

You must further provide a disclaimer of disassociation to the extent we request same in writing. The Properties may provide certain social media features that enable you to: link from your own or  certain third-party applications to certain content on the Properties; send e-mails or other  communications with certain content or links to certain content on the Properties; or cause limited  portions of content on the Properties to be displayed or appear to be displayed on your own or certain  third-party applications.  

You may use these features solely as they are provided by us and solely with respect to the content they  are displayed with and otherwise in accordance with any additional terms and conditions we provide  with respect to such features. Subject to the foregoing, you must not: establish a link from any  Properties; cause the Properties or portions of it to be displayed or appear to be displayed by, for  example, framing, deep linking or in-line linking, on any other site; link to any part of the Properties  other than the homepage; or otherwise take any action with respect to the materials on the Properties  that is inconsistent with any other provision of these Terms of Service. We may disable all or any social  media features and any links at any time without notice in our discretion. 

Links from the Properties

If the Properties contain links to other sites and resources provided by third parties, these links are  provided for your convenience only. This includes links contained in advertisements, including banner  advertisements and sponsored links. We have no control over the contents of those sites or resources,  and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party applications linked to the Properties, you do so entirely at  your own risk and subject to the terms and conditions of use, including the EdBrix Privacy Policy of such  third party applications.

DMCA Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Company takes claims of copyright infringement seriously and will respond to notices of alleged  copyright infringement that comply with applicable law. If you believe any materials accessible on this  site or from this site (the “Website”) If you believe any materials infringe your copyright, you may  request removal of those materials (or access to them) from the Website by submitting written  notification to our Copyright Agent (designated 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 Website, 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, sales@edbrix.com.
  • 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.

Our designated Copyright Agent to receive DMCA Notices is:
General Counsel, Copyright Agent
C/o Edbrix  Inc
405 State highway 121 Bypass,
Suite A250, Lewisville Tx 75067
copyright@Edbrix Inc.com

Please be aware that if you knowingly materially represent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512 (f) of the DMCA.  

If you believe that material you posted on the Website 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 our copyright agent (identified 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 Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:
General Counsel, Copyright Agent
C/o Edbrix  Inc
405 State highway 121 Bypass,
Suite A250, Lewisville TX 75067
copyright@Edbrix Inc.com

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 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 Website 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.

Geographic Restrictions

We provide the Properties for use only by persons located in the United States.  We make no claims that the Properties or any of its content is accessible or appropriate outside of the United States.  Access to the Properties may not be legal by certain persons or in certain countries.  If you access the Properties from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading  from the internet or the Properties will be free of viruses or other destructive code. You are responsible  for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a means external to our site  for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL  MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER  PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED  THROUGH THE PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY  APPLICATION LINKED TO IT.  

YOUR USE OF THE PROPERTIES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES, ITS CONTENT AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,  WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ANY  THIRD PARTY, OR ANY PERSON ASSOCIATED WITH THE COMPANY MAKE ANY WARRANTY OR  REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY  OR AVAILABILITY OF THE PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY,  ANY THIRD PARTY, OR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT  THE PROPERTIES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES WILL  BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT  OUR SITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  PROPERTIES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY  DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR  OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY  WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS,  AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, ASSIGNS, CONTRACTORS, SUPPLIERS, OFFICERS,  OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR  IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PROPERTIES, ANY APPLICATIONS LINKED  TO IT, ANY CONTENT ON THE PROPERTIES OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT  LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS  OF PROFITS, LOSS OF BUSINESS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF  DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR  OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT  BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, agents, and  service providers, and its and their respective officers, directors, employees, contractors, agents,  licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments,  awards, losses, costs, expenses or fees, including attorneys’ fees arising out of or relating to: your  violation of these Terms of Service; your use of the Properties, including, but not limited to, your User  Contributions, any use of the Properties’ content, services and products other than as expressly  authorized in these Terms of Service or your use of any information obtained from the Properties; any  infringement of any copyright, patent, trademark, trade secret, right of publicity, or any other  proprietary or intellectual property right; any security breach or misappropriation or loss of Confidential  Information; violation of any law, rule, or regulation; or any act or omission by you.  

Governing Law and Jurisdiction

All matters relating to the Properties and these Terms of Service and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be  governed by and construed in accordance with the internal laws of the State of Texas, without giving  effect to any choice or conflict of law provision or rule, whether of the State of Texas or any other  jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or  the Properties shall be instituted exclusively in the federal courts of the United States or the courts of  the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the  right to bring any suit, action or proceeding against you for breach of these Terms of Service in your  country of residence or any other relevant country. You waive any and all objections to the exercise of  jurisdiction over you by such courts and to venue in such courts. 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF  SERVICE OR THE PROPERTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF  ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIMS IS PERMANENTLY BARRED.  

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Assignment

The Company may assign or delegate these Terms of Service and EdBrix Privacy Policy at any time without consent.   You may not assign or delegate any rights provided hereunder without Company’s prior written consent.

Entire Agreement

The Terms of Service, the DMCA Policy and our EdBrix Privacy Policy constitute the sole and entire  agreement between you and Company with respect to the Properties and supersede all prior and  contemporaneous understandings, agreements, representations and warranties, both written and oral,  with respect to the Properties.  

Your Comments and Concerns

The Properties are operated by Edbrix Inc,. All notices of copyright infringement claims should be sent  to the copyright agent designated in our Copyright Policy set forth herein, in the manner and by the  means set forth therein. All other feedback, comments, requests for technical support and other  communications related to the Properties should be directed to: sales@edbrix.com  

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Privacy Policy

Effective date: August 2, 2022
We at Edbrix, Inc. ("Edbrix," "we," "us," "our”) know that you care about how your personal information  is used and shared, and we take your privacy seriously. By accessing or using the Services (including  without limitation the mobile version of the Edbrix.com website (the “Mobile Site”) and the Edbrix mobile  application(s) available via the Apple App Store and the Android Marketplace (collectively, the “Mobile  Application”)), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.  Remember that your use of Edbrix’s Services is at all times subject to the Terms of Service, which  incorporates this Privacy Policy. Any terms we use here without defining them have the definitions given  to them in the Terms of Service. 

Please read on to learn more about how we collect and use your information; if you have any questions  or concerns regarding our privacy practices, please send us a detailed message to sales@edbrix.com, write  us at 405 State highway 121 Bypass, Suite A250, Lewisville Tx75067

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy explains how Edbrix collects and uses information from its Services users, including our  treatment of personally identifiable information. This policy does not apply to websites or practices of  companies that Edbrix does not own or control, or to individuals that Edbrix does not employ or manage,  including providers of Publisher Software. 

HOW IS CHILDREN'S PERSONAL INFORMATION TREATED?

If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only  use the Services and disclose information to us with your parent’s or guardian’s express consent. Review  this Privacy Policy with your parent or guardian and make sure you understand it, and do the same with  the privacy policies of all websites you visit or mobile applications you use. 

We only collect personal information through the Services from a child under 13 where that student’s  school, district, and/or teacher has agreed (via the terms described in more detail in the Terms of Service)  to obtain parental consent for that child to use the Services and disclose personal information to us, for  the use and benefit of the learning environment. If you are a student under 13, please do not send any  personal information about yourself to us if your school, district, and/or teacher has not obtained this  prior consent from your parent or guardian, and please do not send any personal information other than  what we request from you in connection with the Services. If we learn we have collected personal  information from a student under 13 without parental consent being obtained by his or her school,  district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond  what we request from him or her, we will delete that information as quickly as possible. If you believe  that a student under 13 may have provided us personal information in violation of this paragraph, please  contact us at sales@edbrix.com 

When we use the term "Personal Information" in this Privacy Policy, we are referring to personally  identifiable information of individual, non-student registrants of the Services. References to "Children's  Personal Information" only apply to personally identifiable information of users who have registered for  the Services as minor students (i.e., students under the age of 18). General references to "information"  apply to all users. 

If you are a student registrant and your parent or guardian has signed up for the Services with an Access  Code provided by your teacher, you understand that your parent or guardian can view all information  within or associated with your Services account, including, without limitation, messages between you and  your teacher and grades you received on assignments.

WHAT INFORMATION DOES EDBRIX DISPLAY OR COLLECT? 

Information You Provide to Us

We receive and store any information you knowingly enter on the Services, whether via computer, mobile  phone, other wireless devices, or that you provide to us in any other way. This information may include,  without limitation, Personal Information such as your name, username, email address, phone number,  profile picture, school affiliation and location, billing and payment information (as it relates to Credit and  the Edbrix Store), and any other information necessary for us to provide our Services. If you are a student  registrant, the only Children’s Personal Information we require is your name and username; through the  functionality of the Services, you may also be permitted to input a profile picture, and an email address  or phone number. 

If you are a teacher, and you use our referral service to tell another teacher about our Services, we will  ask you for that teacher’s name and email address.

Information Collected Automatically

We receive and store certain types of usage information whenever you interact with the Services; this  information is not Personal Information or Children's Personal Information. For example, Edbrix  automatically receives and records information on our server logs from your browser including your IP  address, Edbrix cookie information, and the page you requested. We also record the details of your activity  on the Services and the number and frequency of visitors to our site and its components. 

When you download our Mobile Application, we automatically collect information on the type of device,  name and version of the operating system, name and version of the application, whether the currently  logged in user is a teacher, student, or other user types, the numerical mobile device user ID, as well as  actions performed by the user in accessing the Mobile Application (“Mobile Usage Information,” which is  considered part of “usage information” as described above).

However, we do not ask you for, access or track any geographic-location-based information from your  mobile device (i.e., any information regarding where your mobile device is located on the globe at a  particular time) at any time while downloading or using our Mobile Applications. For clarity, this does not  prevent us from asking you what school you are affiliated with. 

We also use mobile analytics software to allow us to better understand the functionality of our Mobile  Application and Mobile Site on your phone. This software may record information such as how often you  use the Mobile Application, the events that occur within the Mobile Application, aggregated usage  information, performance data, and where the application was downloaded from; this information is  considered Mobile Usage Information. 

Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our  systems to recognize your computer or device and tell us how and when pages in our site are visited and  by how many people. Edbrix cookies do not collect Personal Information or Children's Personal  Information, and we do not combine the general information collected through cookies with other  Personal Information or Children's Personal Information to tell us who you are or what your username or  email address is. Most browsers have an option for turning off the cookie feature, which will prevent your  browser from accepting new cookies, as well as (depending on the sophistication of your browser  software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly  recommend that you leave the cookies activated, however, because you may not be able to log in or use  many of the Services’ most attractive features without cookies enabled. Our partners, affiliates, and  service providers may also transmit cookies to your computer or device, to help provide you with an  optimal online experience. For example, if you are playing a learning game offered by a Publisher, that  Publisher may transmit cookies to you, allowing you to save your game history. The use of cookies by third  parties is not covered by this Privacy Policy and we do not have access or control over such cookies. 

The Services may also contain electronic images known as web beacons (sometimes called single-pixel  gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are  used.

What does Edbrix use my information for?

When you use the Services, you may set up your personal profile, form relationships, send messages,  perform searches and queries, and transmit information through various channels, depending on the  category of user ("User Category") you are registered as, and as permitted by the functionality of the  Services. The information we gather from users enables us to personalize and improve our services, and  allows users to set up a user account and profile through the Services. 

Personal Information

The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Services.

Children’s Personal Information

We use the Children's Personal Information for creating your individual account (which will identify you  within your Limited Access Groups), customizing your experience, and for sending you notifications via  the Services from your teacher, school, district, fellow Limited Access Group members, and from Edbrix  (regarding your use of the Services) (“Notifications”). Please note that your parent or guardian, as well as  an administrator from your school and/or district, can view all activity and content associated with your  student account, including your Children’s Personal Information. 

Your email address

If you provide us your email address, we may send you email communications. Web beacons may also be  used in some of our emails to let us know which emails (and which links within those emails) have been  opened by recipients. This allows us to gauge the effectiveness of our customer communications. If you  are a student, we will only use your email address to send you Notifications. To opt out of receiving emails  from us, please contact us at sales@Edbrix.com. Please note that if you do not want to receive legal  notices from us via email, such as this Privacy Policy, those legal notices will still govern your use of the  Services, and you are responsible for visiting this Privacy Policy from time to time to review any changes. 

Your friend’s email address

If you are a teacher and you provide us with another teacher’s name and email address, we will  automatically send that teacher an email inviting him or her to visit the Services. We store this information  for the sole purpose of sending this email (and, if applicable, subsequent “reminder” emails) and tracking  the success of our referral program. The referred teacher may contact us at sales@Edbrix.com to request  that we remove this information from our database. 

Usage Information

Edbrix uses this type of aggregate data to enable us to figure out how often users use parts of the Services,  so that we can make the Services appealing and relevant to as many users as possible, and customize and  improve those Services. As part of our use of information, we may provide aggregate information to our  partners (in a non-personally-identifiable format) about how our users use our site. We share this type of  statistical data so that our partners also understand how often people use our partners' services and the  Services to help provide you with an optimal online experience. We may link usage information to  Personal Information and Children’s Personal Information that we collect through the Services, but we  will only use this linked information internally (for example, to customize your experience), and will not  disclose it in linked format to third parties. Additionally, certain usage-related information may be  viewable in your user profile that may be displayed to other users, depending on your User Category; for  example, a “badge” may displayed in your profile indicating that you have added content to your user  “library,” or that you have logged into the Services more than a certain number of times.

Mobile Usage Information

This information is used to determine the device capabilities and usage trends which allows us to better understand which devices we should support and what features are most frequently used. 

Push Notifications

If you use the Mobile Application, we will send push notifications to your mobile device in order to make you aware of certain activities that may occur within your account, such as when someone has entered a new post, when you have new notifications, or when grades have been posted. You may opt-out of receiving these types of communications by turning them off at the device level or emailing us at sales@Edbrix.com  

WILL EDBRIX SHARE ANY OF THE PERSONAL INFORMATION OR CHILDREN’S PERSONAL INFORMATION IT RECEIVES?

Personal Information and Children's Personal Information about our users is an integral part of our  business. We neither rent nor sell your Personal Information or Children's Personal Information; we may  share your Personal Information and Children's Personal Information in personally identifiable form only  as described below. Again, please note that references to "Personal Information" only apply to personal  information of individuals who are not students. 

Businesses We Do Not Control

In certain situations, businesses or third-party websites we're affiliated with may offer or sell items or  provide services to you through the Services (either alone or jointly with us), including Publisher Software.  We may, for example, work jointly with other businesses to offer or sell products or provide services, or  we may work with third party websites to enhance your online experience. These transactions or services  may or may not be commercial in nature. You can recognize when such a business is associated with such  a transaction or service. We will share your Personal Information or Children's Personal Information with  that business only to the extent that it is related to such transaction or service; for example, we may share  your school affiliation and location with a Publisher of Publisher Software that you have redeemed Credit  for, to allow such Publisher to determine its tax liability in connection with such transaction. Such services  may include the ability for you to automatically transmit information you input on the Services to your  profile or account on a third-party website, or to automatically transmit information you input on a third party website to your Services profile. We have no control over the policies and practices of third-party websites (or providers of Publisher Software) as to privacy or anything else, so please review all third party  websites' policies before disclosing any Personal Information or Children's Personal Information or other  content on the Services or on any third party website (via the automatic transmissions discussed above  or otherwise). Edbrix does prohibit Publishers from collecting or using any information beyond what  Edbrix itself collects and uses pursuant to its Privacy Policy, but this does not mean we are responsible for  reviewing or verifying the accuracy of any Publisher’s data collection or use policies. 

We employ other companies and people to perform tasks on our behalf and need to share your  information with them to provide products or services to you. Examples include sending email, analyzing  data, processing payment, and providing user services. Unless we tell you differently, Edbrix's agents do  not have any right to use Personal Information or Children's Personal Information we share with them  beyond what is necessary to assist us.

User Profiles

If your User Category allows it, you may choose to populate your user profile on the Services with Personal  Information or Children’s Personal Information, including, without limitation, your name, photograph, and  school affiliation. This user profile information will be displayed to other users to facilitate user interaction  within the Services or facilitate interaction with Edbrix. If you are a student, the only users who may view  your profile are those who belong to your Limited Access Group(s). However, please keep in mind that  information (whether Personal Information or Children's Personal Information or not) or content that you  voluntarily disclose online (in “communities,” your Limited Access Groups, to your connections, in  comments to our blog, etc.) becomes available to other users and can be collected and used by others, in  accordance with the privacy settings you select in your account preferences, or in accordance with the  User Category to which you belong. Any images, captions or other content that you submit to the Services  in a manner any other user can view may be redistributed through the Internet and other media channels.  For example, if you are a student, the content you contribute in your Limited Access Group(s) will be  displayed to other members of that Limited Access Group; however, we cannot control what members of  your Limited Access Group will do with such content after you have disclosed it. Your name may be  displayed to other users when you upload images or videos or send messages through the Services and  other users can contact you through messages and comments. 

Communication About the Services or in Response to User Requests

As part of the Services, you may receive from Edbrix (depending on your User Category) email or other  types of communication relating to your use of the Services or your user profile. You acknowledge and  agree that by posting information on the Services or otherwise using the Services, Edbrix and its agents  may send you email, contact you or engage in other communication that they determine relate to your  profile or use of the Services. If you disclose your email address to Edbrix, depending on your User  Category, we may use it to send updates, a newsletter or other news regarding the Services, or to simply  send Notifications. If you are a student, Edbrix only uses your email address or phone number to send you  Notifications. 

Business Transfers

If Edbrix, or some all of its assets were acquired or otherwise transferred, or in the unlikely event that  Edbrix goes out of business or enters bankruptcy, user information may be transferred to or acquired by  a third party. 

Protection of Edbrix and Others

We may release Personal Information or Children's Personal Information when we believe in good faith  that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply  our Terms of Service and other agreements; or protect the rights, property, or safety of Edbrix, our  employees, our users, or others. We will try to give you notice if we release information for these reasons,  but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.

IS INFORMATION ABOUT ME SECURE?

Your Edbrix account Personal Information or Children's Personal Information is protected by a password  for your privacy and security. We also use coding practices which take steps to prevent attack on our  Services from web browsers and malicious scripts, by processing all actions through several permission  verification checks. 

You may help protect against unauthorized access to your account and Personal Information or Children's  Personal Information by selecting and protecting your password appropriately and limiting access to your  computer and browser by signing off after you have finished accessing your account. When you enter sensitive information (such as a credit card number) in our Credit purchasing process, we  encrypt the transmission of that information using secure socket layer technology (SSL). Edbrix endeavors to keep your information private; however, we cannot guarantee security. Unauthorized  entry or use, hardware or software failure, and other factors may compromise the security of user  information. For additional information about the security measures we use in connection with the  Services, please contact us at sales@edbrix.com. 

The Services contain links to other sites. We are not responsible for the privacy policies and/or practices  on other sites (but you should read all third parties’ privacy policies to ensure you understand them). This  Privacy Policy only governs information collected by Edbrix on the Services.

WHAT INFORMATION CAN I ACCESS?

We allow you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list may change as the Services change. You may currently access the following information, if your User Category allows you to input any of the following:
• information in your user profile
• user connections list, your groups (including Limited Access Groups), and communities
• user preferences
• content in your account

If you would like to request that Children’s Personal Information regarding your child be updated or  deleted, or if you’d like to refuse further contact of your child (or, if you are a teacher, a child that is in  your class) by the Services, please contact us at sales@edbrix.com. A minor student’s participation in our  Services, and the ability of a minor student to access the Services, will not be conditioned on that student  providing more Children’s Personal Information than is reasonably necessary for that participation or  access. We will respond to a request made pursuant to this section within 30 days of our receipt of such  request. 

To request removal of your Personal Information or Children’s Personal Information from our public  forums, contact us at info@edbrix.com. In some cases, we may not be able to remove your information,  in which case we will let you know if we are unable to do so and why. 

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a  notice identifying the categories of personal information which we share with our affiliates and/or third  parties for marketing purposes, and providing contact information for such affiliates and/or third parties.  If you are a California resident and would like a copy of this notice, please submit a written request to sales@Edbrix.com

WHAT OTHER CHOICES DO I HAVE?

You can always opt not to disclose information, even though it may be needed to take advantage of certain  of our features. 

You are able to update or delete certain information, as described in the "What information can I access?"  section above. Please note that some unrevised information may remain in our records after revision of  such information or deletion of your account, or in cached and archived pages. Some information may  remain viewable elsewhere to the extent that it was copied or stored by other users. We may use any  aggregated data derived from or incorporating your Personal Information after you delete your  information, but not in a manner that would identify you personally. 

We will retain your Personal Information or Children’s Personal Information for as long as your account is  active or as long as needed to provide you the Services; we also may retain and use your information as  we deem it necessary to comply with our legal obligations, resolve disputes, and to enforce our  agreements.

WILL EDBRIX EVER CHANGE THIS PRIVACY POLICY?

We may make changes to this Privacy Policy from time to time for any reason. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information or Children's Personal Information, we will notify you via email or by posting an announcement on the Services with two (2) weeks prior notice before the change becomes effective. Users are bound by any changes to the Privacy Policy when he or she uses the Services upon the conclusion of such two (2) week notice period. This notice period only applies to changes to the Privacy Policy; you understand that it may not be possible in certain situations to provide advance notice of other changes to the Terms of Service (for example, where a change to the Terms is necessary to comply with legal requirements).

WHAT IF I’M IN A DIFFERENT COUNTRY?

When you use the Services, you are consenting to have your data transferred to and processed in the United States. All of Edbrix’s servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the Services or disclosure of certain information to Edbrix would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked, as it is wherever use of the Services is prohibited by law (as described in the Terms of Service).

Edbrix complies with the U.S.–E.U. Safe Harbor Framework and the U.S.–Swiss Safe Harbor Framework set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. Edbrix has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

In compliance with the US-EU and US-Swiss Safe Harbor Principles, Edbrix commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Edbrix at sales@Edbrix.com. Edbrix has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Edbrix, please visit the BBB EU SAFE HARBOR