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TERMS AND CONDITIONS

Last Updated: May 30th 2012

Thank you for visiting edtrication.com (“the Site”) which is a property of edtric corp., a California corporation, (“edtric”).  This page sets forth the Terms and Conditions governing your use of the Site.  Because these Terms and Conditions contain legal obligations (including limitations on liability and arbitration provisions), please read them carefully.

1

ACCEPTANCE OF TERMS

 

 

(a)      Acceptance.  By using this site you agree to be bound by these Terms and Conditions and the Privacy Policy which is incorporated herein by reference unless you offer different terms that are accepted in writing by edtric.   Should you object to any term or condition of this agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with edtric in any way, your only recourse is to immediately discontinue use of the Site.  By accessing the Site you also consent to have this agreement provided to you in electronic form.

(b)      Modification of Terms.  We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of this site following the posting of changes to this agreement or other policies means you accept the changes.  In the event we make material changes to the Terms and Conditions, notice of these changes will be posted on the edtric homepage and the revised agreement will take effect thirty days after their publication on this site. 

 

2

SITE USAGE

 

 

This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, audio clips, (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by edtric or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of edtric and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. 

edtric grants eligible users a limited, revocable, nonexclusive license to access the Website for their own non-commercial personal use and in no way do these Terms and Conditions transfer any right, title, or interest in the Site or its content to you, and edtric retains all of their rights, title and interest to the Site and its content.  Except as expressly provided herein, nothing contained in these Terms and Conditions shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the content under any copyright, patent, trademark or other intellectual property right. No other use of the Site is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, users may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance. 

3

OUR PRODUCTS AND SERVICES

 

 

(a)  Additional Terms May Apply.  We provide your business with new product development and prototyping consulting services along with engineering support services in the areas of design and simulation.  Please note that additional terms may be applicable for some of our products and services and for products for which we are acting as a reseller and to the extent there is a conflict between the terms stated herein and any product or service specific terms the latter shall apply. 

 

(b)  Product/Service Descriptions.  edtric makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to our products and services is subject to change without notice. Prices are subject to change at any time prior to edtric's acceptance of your order. In the event we discover a material error in the description or availability of a product or service that affects your outstanding order with edtric, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order.

 

(c)  Order Confirmation.  Your placement of an order with edtric is an offer to purchase our Products.  edtric may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by edtric until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.  edtric may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time.

 

(d)  Pricing.  All prices listed are in U.S. dollars and do not include shipping and handling or any applicable taxes.  Please note that we are located in California and only collect sales taxes on transactions with California residents.  While we are not required to collect and remit sales tax for Site purchases, you should be aware that many states require that their residents file a sale or use tax return for items purchased on the internet. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase.  We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed.  Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell.  As a result of any error, we may over collect or under collect your tax.  In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless edtric, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

(e) Export Compliance.   Some edtric products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, assign, use, or dispose of products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.

(f)   Product License.  Except as otherwise noted, all products designed by edtric corp. are licensed to the end user pursuant to the Creative Commons Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0) License.  Click here for the full license terms.

(g) Warranty and Returns. 

 

 

edtric Products

OEM Products

Warranty

7 Days

Per OEM Warranty

Return

 

Within 30 Days of Purchase

Within 30 Days of Purchase.  If after 30 days return to OEM if still under warranty.

 

Any returns must be received in new and undamaged condition (as determined in our sole discretion) to obtain a full refund.  edtric reserves the right, at its sole discretion, to reject or provide partial store credit for any return that does not comply with these requirements.  Shipping and handling charges are non-refundable.

 

Seminar purchases are non-refundable but we will issue a credit redeemable for future seminar purchases if written notice of cancellation is received at least twenty-four hours prior to the seminar (excluding holidays and weekends).

4

DISCLAIMER AND LIMITATION OF WARRANTIES and LIABILITY

 

 

For all edtric manufactured products, edtric warrants that they will be of workmanlike quality and free from material defects for seven (7) days from the date of purchase.  The limited warranty does not apply to any product (i) that has been subject to abuse, misuse, neglect, accident or modification, (ii) is otherwise not capable of being tested, (iii) has been installed or used in an unsuitable installation environment for the product, (iv) has been used for purposes other than for which it was designed, or (v) has been damaged by fire, flood, wind, lightening or similar causes. 

All OEM products sold by edtric are subject to the manufacturer’s warranties at the time of purchase. 

edtric consulting services are provided on an “as is” basis. edtric does not guarantee that any information or recommendation provided is accurate, complete, or correct, and edtric shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or Your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by edtric and any reliance on such information or recommendation is at your sole risk and discretion.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, EDTRIC MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT, AND EDTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. EDTRIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. EDTRIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE PRODUCTS ARE SOLD ON AN "AS-AVAILABLE" BASIS. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS.

IN PURCHASING OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT THESE ARE SPECIALIZED PRODUCTS AND SERVICES THAT MAY REQUIRE PRIOR TRAINING OR EXPERIENCE IN ITS USE, HANDLING OR SAFETY AND AGREE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE AND ENSURE THAT THE PRODUCTS ARE USED USING THE LEVEL OF SKILL AND PRECAUTIONS REQUIRED FOR A PRODUCT OR SERVICE OF ITS NATURE.

IN NO EVENT SHALL EDTRIC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EDTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY, (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO EDTRIC (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF EDTRIC), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF EDTRIC. (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; or (v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL EDTRIC’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE GREATER OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE IN QUESTION OR ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

5

THIRD-PARTY LINKS

 

 

The Site may contain links to third party websites. These links are provided as a convenience to you.  edtric is not responsible for the content of such third party websites or any other sites or any products or services that may be offered through such third party websites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. You should be aware that different terms and conditions (including privacy practices) may apply to your use of any linked sites. edtric is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

 

6

DMCA NOTICE

 

 

 

If a party believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please notify edtric’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at talktous@edtric.com or to the attention of Copyright Agent at [23412 Pacific Park Dr. #33J, Aliso Viejo, CA 92656]. Please provide our Agent with a Notice providing the information specified in 17 U.S.C. § 512(c) (3).  A copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

 

7

TERMINATION AND INDEMNITY

 

 

 

edtric reserves the right to, in its sole discretion and without notice or liability, deny use of the website and/or products to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.

You agree to indemnify and hold edtric, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third-party due to or arising out of any disruption of the site, content, submitted, posted, or otherwise provided by you to edtric and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of these Terms and Conditions and/or applicable law.

 

8

FOREIGN USERS

 

 

edtric makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with edtric, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall edtric be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec:

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

 

9

ARBITRATION

 

 

 

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles and shall not be governed by either (i) Section 1283.1 of the California Code of Civil Procedure or (ii) the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded.  Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in Newport Beach, California in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and you hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts of Orange County, California.  Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA.  Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises.  All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator.  Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication.  The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award.  The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction.  The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings.  For purposes hereof prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision.   In no event shall the arbiter award punitive or exemplary damages.   The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.  Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Orange County Small Claims court; or (v) to enforce any decision of the arbitrator, including the final award. 

 

10

GENERAL

 

 

This Agreement constitutes the entire agreement between edtric and You concerning your use of the Website and supersedes all prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of edtric.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

By affirmatively ordering edtric products, you consent to receive all communications, including agreements, notices, legally-required disclosures and other information relating to the Website(s) or edtric products electronically from edtric. You agree that edtric may send you electronic notice by e-mail and/or by notice on the Web Website(s). You may withdraw your consent to receive notices electronically by contacting [talktous@edtric.com].

All notices to edtric shall be given by postal mail or email (with a copy by postal mail) to: 23412 Pacific Park Dr. #33J, Aliso Viejo, CA 92656.

Notice for California Users.  In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

 

NOTICE OF ARBITRATION AGREEMENT:

 

This agreement provides that all disputes between you and edtric will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).

  • - Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
  • - You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
  • - Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  • - FOR MORE DETAILS 

Review Section 9 above, or visit http://www.adr.org/consumer_arbitration


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