Terms of use

Acceptance of terms

Welcome to the website of The Art of Education University (“AOEU”, “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 app.theartofeducation.edu, including any content, functionality, and services offered on or through app.theartofeducation.edu and any mobile, tablet, or other application that interfaces with app.theartofeducation.edu (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.

Subscriptions and licenses

AOEU offers subscriptions to institutions and individuals to access and use its products and services, including the FLEX Curriculum and PRO Learning. By purchasing a subscription you agree to abide by all of the Terms and Conditions herein and any other terms provided at the time of purchase with respect to such subscription. If you are an institution purchasing a group subscription for your employees or other representatives, you are responsible for ensuring they also abide by all Terms and Conditions herein. An institution shall be deemed to have violated these Terms of Use if any one of its authorized users is determined to have violated these Terms of Use. Every user must register his or her own personal account to access the content and materials under your respective subscription, whether purchased individually or through an institution’s group subscription. The administrator for institution subscriptions is responsible for adding and removing authorized users from its subscription account and ensuring that the institution’s subscription covers all of its authorized users.

All subscriptions last for for the time period selected at the time of purchase, and shall automatically renew for additional terms of the same length (but not less than one year) unless terminated in your user account settings prior to the expiration of the current term. We reserve the right to terminate, disable access to, or refuse to renew your subscription at any time upon your breach of these Terms of Use.

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, unless they purchase the applicable subscription.

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, and to change your password immediately. 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 if, in our opinion, you have violated any provision of the Terms of Use.

Prices and payment terms

All prices, discounts, and promotions posted on the Website are subject to change without notice on a prospective basis. The price charged for a product, service, or subscription will be the price in effect at the time the initial or renewal order is placed, which 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 one-time access fees or subscriptions. 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.

Refunds and exchanges

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

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.

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 AOEU, 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 certain of its content for your personal, non-commercial use only, unless you purchase a subscription that expressly permits use of the content in your classroom during the term of such subscription. Material on the Website or available through your subscription may be used for classroom and personal use, and not for resale or redistribution. If you are sharing, or modifying and sharing, website material in a public forum, you must give credit by linking to app.theartofeducation.edu. Upon the expiration of any subscription or purchase, and therefore your license to use AOEU materials, you must destroy any content that you have obtained, shared, modified, or otherwise retained throughout the course of such subscription.

You must not:

Modify copies of any materials from the Website or made available pursuant to your subscription, 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 or found in your subscription.

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 AOEU. 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 AOEU 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 AOEU, 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 derivative works from, distribute, and display such content throughout the world in any media. You grant AOEU, 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 AOEU, its affiliates, and sublicensees for all claims resulting from content you supply. AOEU has the right, but not the obligation, to monitor and edit or remove any activity or content. AOEU takes no responsibility and assumes no liability for any content posted by you or any third party.

Trademarks

The AOEU name, the AOEU logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AOEU 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 AOEU name, the AOEU 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 AOEU homepage or link back to the AOEU home page or to the original source.

Limitation on liability

In no event will aoeu, 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.

Indemnification

You agree to defend, indemnify and hold harmless AOEU, 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.

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.

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.

Customer service

This Website is operated by The Art of Education University, 518 Main St., 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@theartofededucation.edu.

Thank you for visiting The Art of Education University.