Terms and Conditions

The Educational Foundation of America (“EFA”) maintains this site (“Site”) for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including any text, images, audio, and video without EFA’s written permission.

Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.

Terms and Conditions

1. ACCURACY Information presented on the Site is provided to you on an “as-is” basis. EFA makes no warranties or representations, express or implied, as to its accuracy. Information on this Site is subject to change without notice and is not guaranteed or warranted by EFA to be accurate or complete. EFA assumes no liability or responsibility for any misrepresentations made by any third parties using the Site or for any errors or omissions in the content on the Site.

2. INTELLECTUAL PROPERTY You should assume that everything you see or read on the Site is copyrighted or subject to trademark protection, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of EFA. EFA neither warrants nor represents that your browsing of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with EFA. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of EFA, LLC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of EFA or the third party owner of such Trademark. Your misuse of the Trademarks, or any content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that EFA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. USER’S RISK Your browsing of the Site is at your risk. Neither EFA nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EFA will not be responsible or liable for any dealings or transactions that you have with third parties, including, but not limited to, vendors and service providers, as a result of your use of the Site. EFA also assumes no responsibility for, and shall not be liable for any damages to, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site, nor shall EFA be responsible or liable for any viruses that may infect your computer as a result of using the Site.

4. LICENSE By submitting content of any kind, including, but not limited to, text, photos, or other data or materials (“Materials”) to the Site, you hereby grant to EFA a fully transferable, non-exclusive, irrevocable, royalty-free right to display, copy, modify, distribute, and otherwise use and exploit all such Materials in any form of media, software or technology of any kind that exists today or that will exist in the future unless otherwise agreed to in a signed written document with EFA. EFA reserves the right to, at any time for any reason, delete, remove, or edit any Materials that you provide without notice to you. You also grant to EFA the right to use your name, image and likeness in connection with the advertising or promotion of the Site.

5. NON-CONFIDENTIAL MATERIALS Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by EFA or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, EFA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such information.

6. INDEMNITY/HOLD HARMLESS You hereby represent that you have the authority and right to submit the Materials; that the Materials are accurate, up-to-date and complete; that the Materials and your use of the Site shall not cause injury to any person or violate any applicable laws or regulations, and that your submission of Materials and use of the Site shall not violate any agreements between you and a third party. You agree to indemnify and hold harmless EFA and its officers, directors, employees, agents, and contractors from any and all damages, including, but not limited to, claims, costs, demands, or expenses, including attorneys’ fees, arising out of your use of the Site, your submission of Materials to the Site, or any information you receive from the Site.

7. PROHIBITED ACTIVITIES While visiting EFA.com, you may not: 1) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use EFA.com in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying EFA.com or the Internet; 2) post or transmit junk mail, spam, or any other type of unsolicited mail; 3) post or transmit Materials that are pornographic or sexually explicit in any way; 4) post, transmit or use any information or software which contains a virus, robot, cancelbot, spider, trojan horse, worm or other harmful or disruptive component; 5) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through EFA.com which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder; 6) download, copy or otherwise take from the Site any of its content for use on any website or in any printed publication unless otherwise agreed to in a signed written document with EFA.

8. RIGHT TO MONITOR EFA has no obligation to monitor EFA.com. However, you agree that EFA has the right to monitor EFA.com electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate EFA.com properly, or to protect itself or its subscribers. EFA will not intentionally monitor or disclose any private electronic-mail message unless required by law. EFA reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreemen

9. THIRD PARTY LINKS EFA has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to or from the Site. Your linking to any other off-site pages or other sites is at your own risk.

10. USER’S REMEDY If you are dissatisfied with EFA.com or with any terms, conditions, rules, policies, guidelines, or practices of EFA in operating EFA.com, your sole and exclusive remedy is to discontinue using EFA.com.

11. REVISION OF TERMS EFA may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.