AGREEMENT BETWEEN YOU AND THE “SERVICE” OPERATED BY WIN ELEMENTS LLC ( “US”, “WE”, OR “OUR).

WIN ELEMENTS LLC provides Sleedu Professional Development (the “Service”) that provides and trains teachers and school leaders to use available technologies (including, but not limited to, third-party Open-Source Learning Management Software and Plugins hosting on Sleedu.com and all of its subdomains) to implement education-related strategies and resources to support students. Sleedu Professional Development, provided by WIN ELEMENTS LLC, also provides an e-commerce website, winelements.com, hosted on separate servers.

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the “Service” operated by WIN ELEMENTS LLC (“us,” “we,” or “our”).

Sleedu Professional Development (the “Service”) provided by WIN ELEMENTS LLC with permission of your local school (“Local School”), local school district (“Local School District”), teacher (“Teacher”), or other responsible education authority (the “Subscriber”) is made available to you (the “User”) subject to the following Terms of Service (the “Terms”).

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.  

IF YOU ARE A PARENT OR A LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

IF YOU DISAGREE WITH ANY PART OF THE TERMS, YOU DO NOT HAVE THE PERMISSION TO ACCESS THE SERVICE.

THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTION AND/OR JURY TRIALS, AND YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY ARBITRATION

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US AT OUR SOLE DISCRETION AT ANY TIME.

The Service includes but is not limited to, an open-source learning management system software and plugin hosting on our websites to provide TEACHERS learning management tools that include, but are not limited to, an online adaptive quiz, discussion boards, grade book, and collaborative activities. We provide an account that enables a designated User (usually a TEACHER ) to manage online learning courses for their students. TEACHERS access and manage their courses and provide general support on behalf of an Entity (such as a local school or local district). “User” means any user of the Service, including TEACHER and STUDENT.

1.  Accounts. THE SERVICE IS NOT AVAILABLE TO (1) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE OR (2) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY THE USER’S LEGAL PARENT OR GUARDIAN. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ARE EITHER (1) AT LEAST 13 YEARS OF AGE (2) YOUR LEGAL PARENT AND/OR GUARDIAN HAS CONSENTED TO YOUR USE OF THE WEBSITE, AND (3) YOUR USE OF THE WEBSITE IS IN COMPLIANCE WITH THIS TERMS OF SERVICE AND ALL APPLICABLE RULES AND REGULATIONS.

1.1 Account.  To use certain features of the Website, you must register for an account and be asked to provide a username and password to connect to your account and use certain website services. Once you sign up, you are responsible for your account and any associated data. You are responsible for any activity on your account and must keep your account password secure. You may not use the name of another person or entity as a username, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. You may never use someone else’s account without permission. We recommend using “strong” passwords (passwords that use a combination of letters, numbers, and symbols) for your account to avoid unauthorized use. If you believe that your account has been used by an unauthorized user, you must contact us by email immediately. We are not liable for any losses or other damages due to unauthorized use of your account. You hereby agree to indemnify, defend, and hold “US” harmless against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (1) your violation of any provision, representation, or warranty and (2) your authorized and/or unauthorized use of the website.

1.2 Child User.  If you are a user of the website whose age is under the age of 13 (“CHILD USER”), you may not register an account without the consent of your legal guardian and/or parent. We collect limited personal information from users when you create an account on the website. WHEN A CHILD’S LEGAL PARENT AND/OR GUARDIAN GIVES THE CHILD USER’S CONSENT TO USE THE WEBSITE, THE CHILD USER’S LEGAL PARENT OR GUARDIAN AGREES TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A CHILD USER OR A CHILD USER WITH THE CONSENT OF THE CHILD USER’S LEGAL PARENT OR GUARDIAN OR THE USER WHO REGISTERS IS A TEACHER.

1.3 Teacher User. We make certain features, including, but not limited to, administrative features and tools for maintaining a COURSE to certain users (including, not limited to, teachers, educators, and representatives of districts and/or schools) to work with other users (such as students and other users) throughout the website to provide educational-related services ( such as for example, (1) create assessments, (2) monitor students and other users progress and content, and (3) upload content for students and other users to access). If YOU ARE A TEACHER AND YOU HELP REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED VERIFIABLE CONSENT FROM SUCH CHILD USER’S LEGAL GUARDIAN OR PARENT. YOU ALSO FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USERS, INCLUDING, BUT NOT LIMITED TO, BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. As a result, you also agree to indemnify, defend and hold harmless us against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (1)  your failure to obtain sufficient parental or legal guardian consent; (2) the use of the Website by the Child User; and (3) your violations of any applicable laws and regulations, including, but not limited to, the Child Online Privacy Protection Act (COPPA). For more information on COPPA, please see www.ftc.gov/privacy.

 

2. Privacy Notice. Your privacy is important to us. Please read our Privacy Notice carefully for information about how we collect, use, and disclose Your personal information.

2.1 Google AdSense Advertising. We only use Google AdSense on our E-COMMERCE/ ONLINE STORE, which is hosted on a separate server and website (winelements.com), to serve ads when you visit our website. Google may use aggregated information (not including your name, address, email address, or telephone number) about your visits to this and other websites to provide advertisements about goods and services of interest to you. WE DO NOT USE ANY PERSONALLY IDENTIFIABLE INFORMATION IN STUDENT RECORDS TO ENGAGE IN TARGETED ADVERTISING. If you want more information about this practice and your choices about not having this information used by Google, click here.

3. User Content

3.1 User Content. We do not control the user’s content (such as but not limited to posts, notes, questions, comments, ratings, reviews, images, videos, and/ or any other user-generated content( collectively, “User Content”).  You understand that we have no obligation to monitor user content. You also understand we do not guarantee confidentiality concerning submissions or user-generated content. You also understand that we reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation, or governmental request. You also understand that we may edit, refuse to post, at our sole discretion, are objectionable, or violate these terms of use.

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (1) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all content users provide.

In addition, Content found on or through this Service is the property of WIN ELEMENTS LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without our express written permission.

3.2. Deidentified Information. We may use de-identified information to improve educational products for adaptive learning purposes and for customizing users’ learning experiences.

3.3. Copyright License Grant to “US”. A user may submit feedback or testimonials about the service at the user’s discretion. By posting, submitting, or distributing testimonials or feedback on or through the Website about the service, You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to “US” a worldwide, non-exclusive, transferable, fully paid-up, royalty-free, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute the content, in whole or in part, in any media formats and through any media channels.

4. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on any person or entity’s copyright or other intellectual property rights (“Infringement”).

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@winelements.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

4.1  DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

2.  a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3.  identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

5. your address, telephone number, and email address;

6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our Copyright Agent via email at hello@winelements.com

 

5. Prohibited Conduct. BY USING THE WEBSITE, YOU AGREE NOT TO DO ANY OF THESE THINGS:
(1) post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, racially or ethnically offensive, libelous,  indecent, pornographic, harassing, threatening, embarrassing, distressing, or otherwise inappropriate;

(2) upload invalid data, viruses, worms, or other software agents through the WEBSITE.

(3) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website;

(4) impersonate any person or entity

6. Interactions With Other Users

 

6.1 No Confidentiality. Part of the service is to provide users with the tools to collaborate and communicate with other users (such as, not limited to, posting on forums, workshops, and feedback).  When publishing content on the website or communicating with other users, you acknowledge that all communications and any other user-generated content may be viewed by other members. You hereby understand that you will always be cautious when giving out personally identifying information about yourself. You also understand that you are solely responsible for your interactions with other Users. You also agree that we will not be responsible for any liabilities, damages, and losses resulting from such interaction.

 

6.2 No Obligation to Pre-Screen Content. Certain features of our service permit users to publish content. You understand that we are not obligated to review monitor, and/or pre-screen Content (including, but not limited to, Your Content and other User Content). However, we reserve the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, and/or (3) otherwise creates liability for us. 

 

7. Links To Other Web Sites

Our Service may contain links to third-party websites or services not owned or controlled by “US”.

We have no control over and assume no responsibility for any third-party websites or services’ content, privacy policies, or practices. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that “WE” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Indemnification

You agree to defend, indemnify and hold harmless WIN ELEMENTS LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

10. Limitation Of Liability

In no event shall WIN ELEMENTS LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

WIN ELEMENTS LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

12. Arbitration Agreement

This Arbitration Agreement is part of your contract with WIN ELEMENTS LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

12.1. Any claims, disputes, and conflicts in connection with the Agreement or the use of any product or service provided by WIN ELEMENTS LLC that cannot be resolved informally will be resolved by binding arbitration.

12.2. IT IS UNDERSTOOD THAT BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. Both parties hereby waive their constitutional and statutory rights of Jury Trial. Instead, arbitration under this Arbitration Agreement will resolve all claims and disputes.

12.3. Notice Requirement. Before either party may initiate arbitration, the party must send a written notice of its intention to the other party. A Notice to WIN ELEMENTS LLC should be emailed tohello@winelements.com and sent to:

Attn: Arbitration

California Registered Agent Inc

1267 Willis Street STE 200

Redding, CA 96001

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net

​

12.4. No Monetary award will be awarded for any claim. Please carefully read the disclaimer section (11).  

12.5. Time Limitation. If you or WIN ELEMENTS LLC initiated an arbitration, any arbitration action must be initiated and filed within any deadline.

12.6. Confidentiality. All aspects of the arbitration proceedings shall be confidential unless otherwise required by law.

13. E-COMMERCE/ ONLINE STORE TERMS (only on winelements.com )

To protect students’ and teachers’ privacy, “WE” dedicates specific websites to serve all educational purposes, and “WE” operates a separate server and website dedicated to any commercial purpose. Having separate servers for different purposes is an important step in our commitment to protect students’ privacy. 

13.1 – Subscription and Payment

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.

1.       Payment: Credit card information is always encrypted during transfer over networks using PAYPAL or STRIPE.

2.       Pre-paid Subscription: Any subscription purchased for a Pre-paid Period will manually terminate at the end of the Pre-Paid Period.

3.       Subscription Cancellation by You: If you have purchased a recurring Subscription, you may end your subscription at any time. When you end your subscription, your subscription does not renew on the next auto-renewal date. You may continue to use the benefits of your subscription until that date, after which your account will be manually downgraded. 

4.       Cancellation by Us: We may cancel your subscription at any time for any reason, with or without prior notice.

5.       Refunds: Except where required by law, the Subscription purchased is non-refundable. 

6.       Price Changes: WE may change the price of subscriptions from time to time. We will communicate any price changes to you in advance. If you do not agree with price changes, you have the right to unsubscribe before the price changes go into effect.

7.       Refund Policy for delivered electronic goods, including, but not limited to, Lessons, Quizzes, Videos, PDFs, and other downloadable: Because you can’t return a digital and downloadable product, all sales of digital and downloadable products are considered final and nonrefundable. However, we do offer refunds in the circumstances: (a) damaged file, (b) misrepresentation of the actual product, or (c) duplicate purchases

8.       Refund Policy for customized Products: Because of the nature of customized items, unless arriving damaged or defective, we cannot accept returns for

9.       The condition of return: Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.

13.2  ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

13.3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

13.4 – PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

13.5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

13.6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website.

13.7 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

13.8 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.

13.9- PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. 

13.10- ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or related website is inaccurate without prior notice (including after submitting your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites should be taken to indicate that all information in the Service or related website has been modified or updated.

13.11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13.12- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time; we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.

You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WIN ELEMENTS LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

13.13- INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WIN ELEMENTS LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service.

14. System Future Update.

Because we want to limit any possible disruption of our Service during a school calendar,  we hold the right to update websites at any time at our discretion.

15. Opt-Out

If you are the user, or the parent and guardian of a user, using our “service”, and cease to agree with the Terms of Use  and Privacy Policy (“Privacy Notice”) at some point in the future, you may opt-out by contacting info@winelements.com

16.  Modification of the Terms.

At our sole discretion, we reserve the right to modify, change, add, or remove portions of the Terms at any time. What constitutes a material change will be determined at our sole discretion. Please check the Terms and any Guidelines periodically for any changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. You are no longer authorized to use the Service if you do not agree to the new terms. We will make a reasonable effort to notify you of such amended Terms by posting a notice on the Website or emailing the email address associated with your account.

17. FORCE MAJEURE

The user and the provider, WIN  ELEMENTS LLC,  shall not be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this Agreement in a customary manner to the extent that such failure or delay is caused by any reason beyond its control, including any act of God, fire, explosions, hostilities, or war, declared or undeclared, strike or work stoppage involving either Party’s employees, or governmental restrictions; provided, however, that the Party declaring force majeure shall give prompt written notice to the other Party of the commencement, nature, and termination of the force majeure condition. The Party whose performance has been interrupted by such circumstances shall use every reasonable means to resume the full performance of this Agreement as promptly as possible.

18.  Intellectual Property Disclaimers

Sleedu.com and its subdomains use open-source software and plugins,  and WIN ELEMENTS LLC does not own any intellectual property of such open-source software and plugins.

19. Contact Us

If you have any questions about these Terms, please contact us at hello@winelements.com

If you are unable to contact us, you may contact our Registered Agent:

California Registered Agent Inc

1401 21st ST STE R,

Sacramento, CA 95811

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net