Terms of Service: The Terms of Service outlined below govern your use of and access to the information and services provided on the Site. Please review the Terms of Service carefully. Your continued use of the Site constitutes your agreement to the Terms of Service and all documents linked thereto or incorporated by reference, including but not limited to the Privacy Policy and, for ELM entities, the ELM Terms and Conditions. Use of the Site is voluntary and not required. If you do not agree to be bound by the Terms of Service, you should not access or use the Site.
ELM may modify the Terms of Service at any time and at its sole discretion. Your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service and all documents linked thereto or incorporated by reference, including but not limited to the ELM Privacy Policy and, for ELM entities, the ELM Terms and Conditions.
These Terms of Service represent the entire understanding between you and ELM regarding the rights and obligations of individuals who access the Site, and this agreement supersedes all prior and contemporaneous agreements and understandings between you and ELM regarding access to the Site. These Terms of Service are binding upon and shall inure to the benefit of you and ELM and your respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Should you have any questions regarding the Terms of Service, please contact us at EMAIL.
Privacy Policy: Our Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personally identifiable information you provide and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your information in accordance with our Privacy Policy. Please review our Privacy Policy.
Product Terms. Certain areas of the Site, including, but not limited to, the areas of the Site through which you may purchase certain products, coursework or services, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and the Product Terms, the specific Product Terms will take precedence with respect to your use of or access to those products/services.
Eligibility: This Site features online shopping. You must be 18 years of age or older to participate in such activities, or have the permission of a parent/and or guardian. By ordering a product or service on the Site, you represent that you are 18 years of age or older or are operating with the permission of a parent and/or guardian. Some of the features on the Site may be used by a minor, however, a parent and/or guardian must create and manage any Account (as defined below) and the applicable parent/guardian will be considered the Registered User (as defined below). Any use of an Account by a minor shall be deemed use by the Registered User, and the Registered User is also entering into these Terms of Service on behalf of his/her minor.
Account: In order to access or use certain features of the Site, you may be required to create an account (“Account”) and become a “Registered User” of the Site. You may create your own Account, or your Account may be assigned to you by an administrator, such as an educational institution. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
During the registration process, you may be required to provide certain information and establish a Username and a Password. By registering for an Account, you represent and warrant that you are not a minor or are operating with the permission of a parent and/or guardian. You agree to provide accurate, current and complete information during the registration process and to update such information as needed. ELM reserves the right in its sole discretion to refuse to keep Accounts for, or provide any services to, any individual. You are responsible for safeguarding your password and for restricting access to your computer. You agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions and that all use under your Account shall be deemed to be use by you. You will immediately notify us of any unauthorized use of your Account. Transfer of an Account by you to any other person or entity without our prior written permission is strictly prohibited.
Products and Services: Products offered on the Site constitute a selection of those that meet ELM’s curriculum specifications. If you wish to avail yourself of a broader choice, you are invited to contact ELM at EMAIL . The products on the Site are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act , which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by ELM, there are inaccuracies in the presentation on the Site, ELM shall in no event incur any liability therefor. ELM does not warrant that item descriptions or other content of the website are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to utilize our Return & Cancellation Policy detailed below.
Pricing and payment: Prices are firm and final. All applicable taxes and shipping fees are included in the order confirmation. ELM reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the Site, but items ordered are invoiced at the price in effect on the day of the order. Despite our best efforts, some of the items on the Site 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. Some optional premium shipping services may be made available from our freight carriers, including expedited shipping, lift-gate service, driver assist, de-palletizing freight, driver detention and/or inside delivery. You are responsible for any such optional premium shipping services, which shall be billed directly from the carrier. We encourage you to print and maintain a copy of your purchase order for your records.
Payment shall be made exclusively online through the Site via MasterCard, Visa, American Express, Discover or ELM purchase order. ELM will charge your credit card upon order submission.
Return and Cancellation Policy: ELM will accept return of unopened and unused product for a credit within thirty (30) days of receipt. Prior to the return of any product, please contact ELM to obtain a return authorization number. ELM reserves the right to charge restocking fees of the sales price of the returned product.
Delivery of Material: Items requiring shipment may be delivered by a carrier service selected at ELM’s discretion. ELM shall practice reasonable care in the delivery of materials. Any delivery times provided on the Site are estimates only. Exceeding these times shall in no event be held against ELM or give rise to any cancellation of the contract/order or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items is on the customer should an item be lost or damaged in transit. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from the ELM invoice accompanying them, etc.) must be brought to the attention of ELM within thirty (30) days by contacting ELM at EMAIL .
Monitoring and Enforcement: While ELM has the right to monitor activity and content associated with the Site, it is not obligated to do so. And since it does not, and may not have the ability to, control or actively monitor content, ELM does not guarantee its accuracy, integrity or quality. ELM may investigate complaints that come to its attention regarding the Site and may take any action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, ELM also reserves the right not to take any action. Any opinions, advice, statements, information, content or other material posted by any third party do not reflect the opinions or positions or ELM. If at any time ELM chooses, in its sole discretion, to review the site and postings for content, it nonetheless assumes no responsibility for the content, no obligation to modify any inappropriate content and no responsibility for the conduct of the user submitting any such content. ELM reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or to restrict, suspend or terminate access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
Intellectual Property Ownership and Rights: You acknowledge that ELM retains all rights and title to its marks, curricula, program materials, website (including, without limitation, site design, logos, button icons, images, digital downloads, data compilations, text and graphics) and other intellectual property. All such materials and content are protected by copyright, trademark and other intellectual property laws. Your use of any ELM Materials is limited to purposes related to the implementation of ELM programs, as allowed by an express written agreement with ELM. Any other use of such materials, including but not limited to commercial use, shall be strictly prohibited. To the extent that the Site includes materials, documents or software to be downloaded to your computer (collectively, “Software”), the Software is considered part of the Site and may be used only in connection with the authorized implementation of the ELM Program and for no other purpose. You may not alter or distribute the Software or associated data files, except as permitted by license from ELM. You expressly agree that you will be solely responsible for any damage to your computer system or loss of data that results from your access to the Software.
Disclaimers: The Site and any Software is provided on an “as is” and “as available” basis, and ELM does not represent or warrant that the information accessible via the Site (including any links to third-party websites) is accurate, complete or current. ELM accepts no responsibility or liability whatsoever with regard to the information on the Site. ELM provides links to third-party websites for your convenience only. ELM does not endorse, recommend or provide any warranties regarding the third-party and/or partner websites or the products or services provided therein.
You understand that ELM cannot and does not guarantee or warrant the security of the Site to outside parties, nor that the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancel-bots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Indemnification: By using this Site and accepting these Terms of Service, you agree, to the extent permitted by law, to indemnify and otherwise hold harmless ELM, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: (i) any statements you make anywhere on the Site; (ii) your use of the Site or our programs, courses, services and/or products offered through the Site; (iii) unauthorized access to or alteration of your communications with or through the Site; or (iv) any other matter relating to your use of the Site or our programs, courses and/or products offered through the Site.
Termination: In its sole and absolute discretion, with or without notice to you, ELM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, we may terminate these Terms of Service at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of these Terms of Service, or we may terminate these Terms of Service for our convenience. You may terminate these Terms of Service at any time by destroying all materials received from our Site and ceasing to use our Site.
Limitation of Liability: You expressly agree that your use of this site is at your sole risk. To the greatest extent allowed by law, ELM specifically disclaims any liability for any damages arising out of or in any way connected with your access to or use of the Site. ELM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages of any sort resulting from your use of the Site or any unauthorized access to or alteration of any transmissions or data or any other matter relating to this Site. Because some jurisdictions may not allow for the exclusion of damages, ELM’s liability in such jurisdictions shall be limited to the greatest extent allowed by the law of such jurisdiction.
ELM expressly disclaims any and all warranties related to the site or any of the services or products listed therein of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any material streamed, viewed, downloaded, or otherwise obtained through the use of the site is done at your own discretion and risk.
Severability: In the event that one or more portions of these Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Service.
No Waiver: Any delay or failure by ELM at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. No delay or failure by ELM in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Governing Law: This Site is controlled and operated from within the United States of America and other countries. We make no representation that the material on the Site is appropriate or available for use in other locations. You are solely responsible for compliance with any applicable local laws.
Conduct of Users: You agree that you are solely responsible for your use of the Site. You agree to be truthful and not misrepresent any demographic or personal information during registration, nor violate reasonable ethical, moral or professional standards in any content that is uploaded, posted or distributed. You agree that you will not post, or permit others to post, content on the Site that (i) encourages illegal activities, is fraudulent or is unlawful; (ii) insults, defames, harasses or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; or (iv) contains obscene, vulgar, pornographic or libelous material. If you are a Registered User with permission to purchase goods on the Site, you agree to keep all sales pricing and product information confidential. You agree that you will not collect information about third parties via the Site or use any such information for the purpose of transmitting or facilitating the transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without ELM’s prior written consent. You agree to comply with all applicable laws in your use of the Site.
Effective: March 2017