Terms of Use | exSTEMsions

Terms & Conditions

Welcome to our website. These Terms of Use and the Terms & Conditions you agreed to on our website (individually and collectively, "Terms") work together and form a legal contract between you and The exSTEMsions Group, LLC. ("us" or "our" or "we" or " The exSTEMsions Group, LLC "). They govern your use of all the text, data, educational materials, information, software, graphics, photographs and other materials (all of which are referred to as "Materials") that we may make available to you through our website and/or any services we may provide through our website or our Mobile Applications (the website, services and Mobile Application are referred to collectively in these Terms as the "Services").

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION WITH RESPECT TO DISPUTES YOU MAY HAVE WITH The exSTEMsions Group, LLC. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this website and, if you have registered for an account with us (as described more fully below), by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, you must cease all use of the Services. Continued use of any Services following notice of modifications means you acknowledge and agree to be bound by the modifications. If we need to, we may supersede some provisions of these Terms for a particular Service – in that case, we will let you know in the terms of use for that Service, and the terms of use for that Service will control wherever they conflict with these Terms.

GENERAL USE.

We invite you to use our Services for non-commercial purposes only. You must be at least 18 years old to create an account with exSTEMsions. If you are younger than 18 (a "Minor"), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to display, print and use the Materials as follows (the "Permitted Purpose"): (i) the Materials are licensed to you for your personal, noncommercial use only. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant and the Mobile Applications section below, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in the Permitted Purpose then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your personal, non-commercial use of the Services. UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, SCHOOLS OR ORGANIZATIONS NOT LICENSED TO USE THEM. 

Unfortunately, if you violate any of these Terms, your license to the Materials will terminate automatically and you must immediately destroy any downloaded or printed Materials including any copies you have made.

ACCOUNTS; PASSWORD RESTRICTED SERVICES.

We appreciate you visiting our website. To use certain services, and access Materials, you must successfully register an account with us.

If you want an account with us, you must provide, through the account registration page on the website, your first name, a working email address, and a preferred password. You may also have the opportunity to provide additional, optional information so that we can provide you a more customized experience when using the Services –but, we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.

For so long as you use your exSTEMsions account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. We will not save your user name and passwords in any human readable form, so we will not be able to retrieve it if you lose it. But if you forget your password, we will send a password update to your provided email address.

You are responsible for complying with these Terms when you access and use the Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.

PAYMENTS.

You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular Subscription and utilized services.

Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize The exSTEMsions Group, LLC and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals according to the Subscription you have chosen. We reserve the right to change prices for Subscriptions at any time and do not provide price protection or refunds in the event of promotions or price decreases.

IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that you signed up for the paid Subscription. We will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Yearly Subscriptions must be cancelled at least 30 days prior to the anniversary date to avoid automatic renewal, while monthly subscriptions must be cancelled at least 5 days prior to the monthly renewal date. You may cancel your Subscription by emailing us at subscribe@exstemsions.com; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.

All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.

ELECTRONIC COMMUNICATIONS.

By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and we sometimes provide links from the Services to third-party websites. If you use these links, you will leave our Services. We are not obligated to review any third-party websites linked to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on the Services to be shared with your contacts in your third-party site account.

USER SUBMISSIONS.

Certain areas of the Services, such as use of the private Facebook group, may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;

  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;

  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);

  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES.

We authorize your use of the Services and Materials only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services and Materials remain our property.

Unauthorized use of the Services may result in violation of various United States and international copyright laws. To make sure you understand what we mean, we give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (please note, these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

  • To stalk, harass, or harm another individual;

  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • To interfere with or disrupt the Services or servers or networks connected to any of the Services;

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or

  • Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

We don’t believe you will violate these Terms. But if you do, you agree that if you violate these Terms and that violation results in a problem for us, you will pay for any lawyers we need to defend us. You also agree to pay any damages that we may end up having to pay as a result of your violation (this is called “indemnification”). You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

The Services and Materials include copyrightable material and registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Services are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services, are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner, which in most cases is The exSTEMsions Group, LLC.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.

Pursuant to the Digital Millenium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement:

ATTN: DMCA (COPYRIGHT) 
Sara Torpey

_____________


Email: sara@exstemsions.com

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;

  • Identify the copyrighted work or other intellectual property alleged to have been infringed;

  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

  • Contain a statement that the information in the written notice is accurate; and

  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES.

THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER The exSTEMsions Group LLC NOR ANY OF OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS OR THE SERVICES IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

THE AGGREGATE MAXIMUM LIABILITY TO The exSTEMsions Group LLC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES AND MATERIALS IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.

LOCAL LAWS; EXPORT CONTROL.

We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.

FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION

All disputes between you and The exSTEMsions Group LLC that cannot be resolved by agreement within 60 days shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to use the courts have your dispute heard by a judge or jury. We believe arbitration is better for both you and us because arbitration is less formal, less time-consuming, usually less expensive and less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, only trained arbitrators, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury. BOTH YOU AND The exSTEMsions Group LLC AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute by mailing us by first class United States mail to: PO Box 163, Furlong PA 18925, the following information: (1) your name, (2) your address, (3) A written description of your dispute (the problem you wish to resolve), and (4) A description of the specific relief you seek. If we do not resolve the dispute within 60 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below. IF YOU WISH TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE YOUR FIRST AGREE TO THESE TERMS.

Arbitration Procedures

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this Provision.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and The exSTEMsions Group LLC are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Education.com might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Continuation

This Arbitration provision shall survive the termination of your account with us and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

GENERAL.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value our relationship with you.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Services without prior notice to you. The Federal Arbitration Act, Pennsylvania law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Services or the Materials will be heard in the courts located in Bucks County, Pennsylvania. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and The exSTEMsions Group LLC about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Severability

If any clause within these Terms is found to be illegal or unenforceable, that clause will be severed from these Terms and the remaining Terms will be given full force and effect.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website and the Services are provided by The exSTEMsions Group LLC. If You have a question or complaint regarding the Service, please contact Customer Service at support@education.com. You may also contact us by writing support@exstemsions.com or The exSTEMsions Group, LLC, PO Box 163, Furlong PA 18925. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@exstemsions.com, or by writing to The exSTEMsions Group LLC, PO Box 163, Furlong PA 18925.