Terms and Conditions

 1.  ACCEPTANCE OF TERMS

Welcome to the website of The Art of Education (“AOE”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.theartofed.com/, including any content, functionality, and services offered on or through www.theartofed.com and any mobile, tablet, or other application that interfaces with www.theartofed.com (together, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you begin using the Website. By accessing, downloading, installing, or using our products and/or services, you agree to be bound by the Terms of Use, which you acknowledge that you have read and understood.

We reserve the right, at our sole discretion, to change, modify, or otherwise alter the Terms of Use at any time. You must review the Terms of Use on a regular basis to keep yourself informed of any changes. The contents of the Website may be discontinued or changed at any time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use will constitute your acceptance of and agreement to such changes. Any dated information included on the Website is current at the date of publication only, and we do not have any obligation or responsibility to update or amend such information.

The Website is offered and available to users who are 13 years of age or older, and that reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2.  ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Your user name and password are specific to you, and you agree to keep it confidential and not allow others to access the Website using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your user name or password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, save, or record your password or other personal information.

We have the right to disable any user account in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

3.  PRICES AND PAYMENT TERMS

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Terms of payment are within our sole discretion and payment must be received before acceptance of an order. You represent and warrant that all payment information that you provide is accurate and that you have the right to make such payment. All payments for the products and/or services on the Website are to be made in United States Dollars (USD).

We provide access to our products and services through a one-time access or subscription services. As a user who subscribes to a subscription service, you understand that services are provided on a continuous basis. Therefore, once you enroll in a subscription service, your subscription will be automatically renewed and we have permission to automatically charge your account based on the subscription program you selected.

4.  REFUNDS AND EXCHANGES

AOE’s refund polices vary depending on the product. Please contact us with any refund requests on an individual basis.

5.  RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information . The accuracy, completeness, or usefulness of this information is not warranted. 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 Website, or by anyone who may be informed of any of its contents.

6.  INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AOE, 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.

The Terms of Use permit you to use the Website and its content for your personal, non-commercial use only, unless you purchase a subscription that expressly permits commercial use of the content. Material on the website may be used for classroom and personal use. If you are sharing, or modifying and sharing, website material in a public forum, you must give credit by linking to theartofed.com.

You must not:

  • Modify copies of any materials from the Website, unless for use in your own classroom.  You may not claim any resources as your own, sell modified resource versions, or present resources publicly as your own ideas.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, unless for use in your own classroom.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by AOE. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Any infringement on the intellectual property rights of AOE or its licensors may subject you to civil and criminal penalties.

If you post content or submit material on the Website (“User Contributions”), you grant AOE, its affiliates, licensors, and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivate works from, distribute, and display such content throughout the world in any media. You grant AOE, its affiliates, licensors, and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify AOE, its affiliates, and sublicensees for all claims resulting from content you supply. AOE has the right, but not the obligation, to monitor and edit or remove any activity or content. AOE takes no responsibility and assumes no liability for any content posted by you or any third party.

7.  TRADEMARKS

The AOE name, the AOE logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AOE or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. If the AOE name, the AOE logo or any related names, logos, product and service names, designs or slogans are used outside of the original sources themselves, you must cite the AOE homepage or link back to the AOE home page or to the original source.

8.  LIMITATION ON LIABILITY 

IN NO EVENT WILL AOE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 OR 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.

9.  INDEMNIFICATION

You agree to defend, indemnify and hold harmless AOE, its affiliates, licensors, sublicensees, 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 reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

10.  GOVERNING LAW AND JURISDICTION

All matters relating to the Website and the Terms of Use 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 Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Website or the Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa in Polk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.  PRIVACY POLICY

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

12.  CUSTOMER SERVICE

This Website is operated by
The Art of Education
518 Main Street, Suite A
Osage, IA 50461.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@theartofed.com.

Thank you for visiting The Art of Education.