Terms of Service
Last Modified: September 13, 2023
Table of Contents
I. Acceptance of the Terms of Service
These Terms of Service are entered into by and between you (“you” or the “User”) and Educational Justice Inc. (“Educational Justice,” “we,” or “us”). By entering into this agreement, you represent that you are a resident of the United States.
If you are under 18, you represent that you have permission from your parent or legal guardian (“Parent”) to use the Educational Justice website (“EJ Website,”) web portal (“EJ Web Portal,”) and mobile application (“EJ Connect,”) (together the “Platform”). Please have them read this document with you.
If you are a Parent of a User under the age of 18 (a “Minor User”), by allowing your Minor User to use the Platform, you are subject to the Terms of Service and are responsible for your Minor User’s activity on the Platform.
The following Terms of Service govern your access to and use of the Platform including any content, functionality, and services offered.
Please read the Terms of Service carefully before you start to use the Platform. By clicking to accept and agree to the Terms of Service when this option is made available, you accept and agree to be bound by and abide by these Terms of Service and our Privacy Policy, found at https://educationaljustice.org/privacy-policy/. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.
Our Terms of Service continue to govern the relationship between you, the User, and us, Educational Justice, for as long as you continue to access and use the Platform.
II. Changes to the Terms of Service
Educational Justice may revise and update these Terms of Service from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Platform afterwards.
Educational Justice will alert Users and Parents of Minor Users of any updates with an email and a message on the Platform. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes.
III. User Contributions
All information that Users submit to the Platform including chat messages, scheduling information, posts, text, digital files, images, and any other form of input are “User Contributions.” All User Contributions must comply with the Content Standards in the next section of the Terms of Service.
By agreeing to these Terms of Service, you agree that:
- All your User Contributions do and will comply with these Terms of Service.
- You are responsible for any User Contributions you submit or contribute, and you, not Educational Justice, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Platform.
By agreeing to these Terms of Service, you grant a license to Educational Justice for the use of any User Contribution you make. By agreeing to these Terms of Service, you represent that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us.
IV. Content Standards
These Content Standards apply to all User Contributions and use of the Platform. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Additionally, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, ethnicity, ability, disability, sexual orientation, gender identity, familial status, appearance, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy found at https://educationaljustice.org/privacy-policy/.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety to any other person.
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
V. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To exploit, harm, or attempt to exploit or harm children in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see above) set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Educational Justice, an Educational Justice employee or agent, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of those entities).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Educational Justice or Users of the Platform, or expose them to liability.
You also agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through it.
- Use any automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
VI. Monitoring and Enforcement
Under these Terms of Service, Educational Justice is empowered to:
- Remove any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that is necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for Educational Justice.
- Take appropriate legal action, including but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Disclose the identity or other information about any User over the age of 13 to any third party who claims that material posted by the User violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Platform for any reason, including any violation of these Terms of Service.
- Monitor communications and User input on the Platform, including the communication, chat, or messaging functions between Users as Educational Justice sees fit.
- Provide the Parents of Users in middle school with access to the messages and other User contributions of their User.
Additionally, we have the right to, and may be required to, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS EDUCATIONAL JUSTICE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EDUCATIONAL JUSTICE, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EDUCATIONAL JUSTICE, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is entered into the Platform by Users and cannot ensure prompt removal of objectionable material. Therefore, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
VII. Information About You
You have certain User rights under the Privacy Policy and all information collected about you will conform to that document. Please read the Privacy Policy located at https://educationaljustice.org/privacy_policy/ to be informed fully of these rights. By using the Platform, you are consenting to all actions Educational Justice may take in accord with the Privacy Policy.
VIII. Accessing the Platform and Account Security
Only registered Users may access certain features of the Platform, including the chat and calendar scheduling features. We reserve the right to withdraw or change the Platform, and any service or material we provide on it, in our sole discretion, and without notice. We will not be liable if all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict Users from accessing some or all parts of the Platform.
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform.
- Ensuring that everyone who accesses the Platform through your internet connection is aware of these Terms of Service and complies with them.
To access the Platform or the resources it offers, you may be asked to provide registration details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy found at https://educationaljustice.org/privacy-policy/, and you consent to all actions we take concerning your information that are consistent with our Privacy Policy.
You will use an email address and password to log onto the Platform. You must treat this password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform using your email address, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security. You also agree to ensure that you sign out from your account at the end of each time you use the Platform. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to deactivate or terminate any account at any time if, in our opinion, you have violated any provision of these Terms of Service.
If you choose to leave the program, your account will be deactivated. Your information will then remain accessible only to Educational Justice employees and agents. You may request to have that information deleted pending review by Educational Justice. Educational Justice may retain a record that you participated in the program.
IX. Intellectual Property Rights
The Platform 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 Educational Justice and its contractors. These contents, features, and functionality are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may download one copy of the EJ Connect application to your device solely for your own personal, non-commercial use. In the case of a Minor User, their Parent/s may also download one copy of the EJ Connect application.
You must not:
- Modify copies of any materials from the Platform.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
- Access or use for any commercial purposes any part of the Platform or any services or materials available through it.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Educational Justice. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Educational Justice’s name, the Educational Justice logo and all related names, logos, service names, designs, and slogans are trademarks of Educational Justice. You must not use such marks without the prior written permission of Educational Justice. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Educational Justice may, in cases of repeat copyright infringement offenses, disable or delete your account and terminate your access to our services.
X. Links From the Platform
While you use the Platform, you may see and access links to other sites and resources provided by third parties. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XI. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Service, and any dispute or claim arising from and related to the Platform and these Terms of Service, including contractual and non-contractual disputes and claims, shall be governed by and construed in accordance with the internal laws of the State of Kentucky regardless of any choice or conflict of law provision or rule of any state, country, or locality.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States, the courts of the State of Kentucky, Jefferson County, and in the city of Louisville, Kentucky. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
XII. Arbitration
Educational Justice and the User agree that, if not settled through negotiation, any dispute, controversy, or claim arising from the use of the Platform or from these Terms of Service or the breach thereof, shall be submitted to final and binding arbitration. The arbitration shall be settled by the American Arbitration Association in accordance with its Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Louisville Kentucky. The arbitration shall be governed by the laws of the State of Kentucky. The language of the arbitration shall be English.
By agreeing to arbitration, you understand and agree that you are waiving your right to other available resolution processes, such as a court action or administrative proceeding, to settle disputes.
XIII. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for installing your own anti-virus protection, ensuring your data input and output are accurate, and having some way outside the Platform to recover or reconstruct any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Your use of the Platform, its content, and any services obtained through the Platform is at your own risk. Neither Educational Justice nor any person associated with Educational Justice makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. Additionally, neither Educational Justice nor anyone associated with it represents or warrants that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components, or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
THE PLATFORM, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, EDUCATIONAL JUSTICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The above does not affect any warranties that cannot be excluded or limited under applicable law.
XIV. Limitation on Liability
To the fullest extent provided by law, IN NO EVENT WILL EDUCATIONAL JUSTICE, 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 PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. This limitation of liability includes, but is 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. This limitation of liability applies whether caused by tort (including negligence and/or gross negligence ), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
XV. Indemnification
You agree to defend, indemnify, and hold harmless Educational Justice, its affiliates, licensors, and service providers, and its and their respective officers, employees, contractors, agents, licensors, and successors 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 Services or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, and services, other than as expressly authorized in these Terms of Service.
XVI. Waiver and Severability
Any waiver of a right contained in these Terms of Service by Educational Justice is a waiver for that right in that instance only and should not apply in other instances or to other rights. Any failure of Educational Justice to assert a right under these Terms of Service shall not constitute a waiver of that right.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
XVII. Entire Agreement
The Terms of Service and Privacy Policy, found at https://educationaljustice.org/privacy-policy/, constitute the sole and entire agreement between you and Educational Justice regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. In the case of a conflict between the initial click-through agreements and these Terms of Service, these Terms of Service prevail.
XVIII. Educational Justice Program Updates and Prompts
You give your consent to receive text messages from Educational Justice at the phone number you provided. These messages may include program updates and prompts related to Educational Justice initiatives. You understand and agree that:
- Your consent to receive text messages is voluntary and not a condition to acquire any products or services from Educational Justice or to take any specific actions.
- Standard message and data rates may apply based on your wireless carrier’s terms and conditions.
- The frequency of text messages may vary and can range from one to four times per month, depending on program updates and prompts.
- You may opt out of receiving text messages from Educational Justice at any time. To stop receiving text messages, you can reply to a message with “STOP” or contact us through the provided contact information . Upon opting out, you will no longer receive text messages from Educational Justice, except for transactional messages related to your participation in our programs.
XIX. Your Comments and Concerns
This Platform is operated by Educational Justice. If you have any comments or concerns about anything found in this document including copyright issues, or the Platform itself, you may contact Educational Justice at support@educationaljustice.org, (502) 709-8719, or 200 York St, Louisville, KY 40203.