ELA Multi-Arts Curriculum Terms of Use

This Terms of Use Agreement (“Agreement”) governs your use of the Emotion Literacy Advocates Enrichment and Certification Program (“Program”). By using the Program, you agree to comply with this Agreement.

Customer Conduct.
You may only use the Emotion Literacy Advocates Enrichment and Certification Program for lawful purposes and in accordance with this Agreement, and any operating rules established by Emotion Literacy Advocates. You may not share the Program contents prior to completing Certification.

Purchase Agreement.
Upon issuing consent of this Agreement and placing purchase of any said Program, all such purchases are considered final and are not eligible for refund, subject to delivery.

Intellectual Property.
The Program contains copyrighted material, trademarks and other proprietary information. Alterations or changes to Program material in any form is strictly forbidden. Without limiting the scope of ELA’s intellectual property rights, you acknowledge that ELA owns intellectual property rights in (i) the content included within the Program; (ii) the trademarks used in connection with the Program. Materials in the Program are for your use only and may not be modified, reverse engineered, redistributed, sold, licensed, rented, or otherwise either provided to a third party or commercially exploited. We do not grant you any licenses, express or implied, to the intellectual property of ELA except as expressly authorized in this Agreement.

Disclaimer of Warranty.
(A) THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(B) WITHOUT LIMITING THE FOREGOING, NEITHER ELA NOR ITS AFFILIATES, LICENSORS, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EMOTION LITERACY ADVOCATES ENRICHMENT AND CERTIFICATION PROGRAM, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH THE PROGRAM.

Limitation of Liability.
IN NO EVENT WILL ELA OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE EMOTION LITERACY ADVOCATES Enrichment and Certification Program. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE EMOTION LITERACY ADVOCATES Enrichment and Certification Program; AND (II) ELA IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification.
You agree to defend, indemnify and hold harmless ELA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Program. You agree to fully cooperate as reasonably required in the defense of any such claim.

Monitoring.
We have the right, but not the obligation, to monitor the Program (i) to determine compliance with this Agreement and any operating rules established by ELA; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of ELA’s licensors’ obligations.

Revisions to the Terms of Use.
Emotion Literacy Advocates shall have the right at any time to change or modify this Agreement. You will be effectively notified when (i) we prominently display the revised Terms of Use Agreement the Emotion Literacy Advocates website; or (ii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of the Program after notice of the new agreement constitutes your acceptance of the new agreement.

Miscellaneous.
This Agreement and any operating rules for the Program established by ELA constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.