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Dear Eduhero Users,

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Terms and Conditions

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE COURSE CATALOG. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE COURSE CATALOG), YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS ON YOUR OWN BEHALF AND ON BEHALF OF ANY OTHER PERSON OR COMPANY LISTED ON THE ORDER, REGISTRATION, SIGNUP, OR SIMILAR FORM FOR SUCH PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY ACCESSING EDUHERO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS REGION 6 ESC MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

  1. Contact Information:

    REGION 6 EDUCATION SERVICE CENTER
    3332 Montgomery Road
    Huntsville, TX 77340
    Main Phone: 936-435-8400
    Main Fax: 936-435-8484
    Website: www.esc6.net

    Eduhero Customer Service
    Email: eduhero@esc6.net
    Telephone: 936-435-8443
    Website: www.eduhero.net

  2. Definitions:

    • "Access" or "Accessing" means accessing, using, viewing the content or otherwise obtaining information on the Site. Access will be denied if a user fails to provide consent to these terms and conditions or other policies as required by the Site.
    • "Agreement" or "Terms" refers to these Terms and Conditions of Use and any subsequent modifications.
    • "Content" refers to (i) materials and other items relating to Eduhero, our products and services, likeness and image, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, show content, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Eduhero (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
    • "Eduhero" is a product of Region 6 Education Service Center (Region 6 ESC), a governmental entity as defined in Chapter 8 of the Texas Education Code. For the purposes of these Terms and Conditions, "Eduhero" refers to the application/website and "Region 6 ESC" refers to the owning organization.
    • "Multi-User Subscriber" refers to a Subscriber who purchases a subscription to the Online Course Catalog for multiple Users.
    • "Personally Identifiable Information" (PII) (which includes "Covered Information" under Texas Education Code 32.151) This refers to information that lets us know the specifics of who you are. This includes your email, name, and Google login information which you submit to us through the registration process at the Site. Google access is only requested when using the Google login information, and is completely optional. We use the Google login information for the creation and sharing of custom courses. If this is a problem for you, please log in using the standard email and password method on Eduhero.
    • "Program(s)" or "Online Course Catalog" or "OCC" means the offerings of the Website, including training, professional development, virtual workshops, online courses and any other associated offerings.
    • "Single-Use User" refers to a Subscriber who purchases a subscription to Eduhero for one (1) User.
    • "User" refers to any person or entity that purchases or uses a subscription to the Online Course Catalog and may be a Single-Use User, Multi-User Subscriber, Educator, or subscription recipient.
    • "User" refers to any party who Accesses the Site
    • "Website" or "Site" refers to the website maintained by Eduhero, available at www.eduhero.net and includes the Online Course Catalog.
    • "You" or "Your" refers to the User.

  3. Modification of Terms:

    These Terms and Conditions, in the form posted at the time of your use of the applicable Program shall govern such use (including transactions entered during such use). AS OUR PROGRAMS EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH REGION 6 ESC OFFERS THE PROGRAMS MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAMS UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE ANY PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH REGION 6 ESC ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS (THE “ADDITIONAL TERMS”) BY POSTING THEM ON THE WEBSITE'S TERMS AND CONDITIONS PAGE https://eduhero.net/terms.php (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR ACCESS TO ANY PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use each time you use any Program (at least prior to each transaction or submission). Additionally, Eduhero may require your affirmative consent for any new or revised terms prior to granting access to the Site. The Additional Terms will be effective as to new use and transactions as of the time that Region 6 ESC posts them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.

    Eduhero hereby grants each User a limited, non-exclusive, non-sublicensable, and non-transferable license to Access the content and information available in the OCC according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to specific content depends on the subscription plan. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Region 6 ESC's sole discretion, and without advance notice or liability. In some instances, we may permit you greater access to and use of Content.

    Each Multi-User Subscriber may only allow its employees and agents to access the OCC. If the Multi-User Subscriber's license terminates, the Multi-User Subscriber's employees and agents shall no longer have Access to Eduhero. Each Multi-User Subscriber agrees that Eduhero may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access Eduhero from any Internet connection.

    A Multi-User Manager selected by the Subscriber (the "District Manager") shall be designated to oversee and be responsible for the management of the User accounts, reports, and custom courses (if an additional subscription is purchased). The District Manager is also authorized to grant control panel access to campus managers, enabling them to access user and report information at the campus level. Additionally, the District Manager may assign district and campus reporters, who will have access only to the reports relevant to their respective districts or campuses. Control panel access for district managers is granted only upon request. Region 6 ESC is not liable for any actions or consequences resulting from users impersonating district administrators to gain unauthorized access.

  4. Reservation of All Rights Not Granted as to Content and Program:

    These Terms and Conditions include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Region 6 ESC and our licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.

  5. Fees; Renewal; Refund Policies:

    Region 6 ESC may increase subscription fees for a subsequent purchase at any time and for any reason. Region 6 ESC may terminate the purchase and these Terms if it is unable to complete the purchase based on inaccurate or outdated credit card information, inaccurate purchase order information, rejected payment of purchase order, or 30 days of non-payment of purchase order.

    Right of Access to the OCC granted under these Terms is effective only upon payment of the subscription fees.

    Single-Use User
    • One week, month, or year subscription plan(s) based on the date of purchase or receipt.
    • Subscription plans do not automatically renew.
    • Subscription fees charged are non-refundable upon purchase.
    • Discounts, rebates or other special offers are only valid for one purchase.
    Multi-User Subscription
    • One week, month, or year subscription plan based on contract start date.
    • If the subscriber fails to remit renewal through the contract system, Region 6 ESC will expire the subscription according to the plan.
    • Subscription fees are non-refundable per contractual terms.
    • Discounts, rebates or other special offers only valid for initial term.

  6. Access to the OCC: Modification of Content:

    Region 6 ESC strives to provide the OCC to its Users on a continuous basis. To that end, Region 6 ESC will take all commercially reasonable efforts to provide uninterrupted Access to the OCC to its Users. However, from time to time, Users may be unable to Access the OCC due to conditions beyond Region 6 ESC's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OCC to its Subscribers, Region 6 ESC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel, or money.

    Eduhero endeavors to provide the highest quality content to its Subscribers. To that end, Region 6 ESC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

    Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

  7. Prohibited Conduct:

    The User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

    You agree that you will NOT:

    1. use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
    2. use any meta tags or any other “hidden text” utilizing any Trademarks;
    3. engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Region 6 ESC
    4. reverse engineer, decompile, disassemble, reverse assemble, or modify any Program source or object code or any software or other products, services, or processes accessible through any portion of the Program;
    5. engage in any activity that interferes with a user's access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, Region 6 ESC, or other users of the Program;
    6. interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User-Generated Content (defined below);
    7. harvest or otherwise collect or store any information (including PII about other users of the Program, including e-mail addresses, without the express consent of such users);
    8. attempt to gain unauthorized access to the Program, other computer systems or networks connected to the Program, through password mining or any other means;
    9. submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, malware, ransomware, scareware, or other items of a destructive nature;
    10. manipulate identifiers, including by forging headers, in order to disguise the origin of any User Content that you submit;
    11. “frame” or “mirror” any part of the Program;
    12. remove any copyright, trademark, or other proprietary rights notices contained on the Program;
    13. use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Program.

    Operators of public search engines may use spiders to copy materials from the Program for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) use any automated software or computer system to search for, reserve, buy, or otherwise obtain discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Program, including sending information from your computer to another computer where such software or system is active; (xv) take any action that imposes or may impose (in Region 6 ESC's sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi) otherwise violate these Terms and Conditions.

    Content Use Restrictions

    You also agree that, in using the Program:

    1. you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
    2. you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
    3. you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content;
    4. you will not use such Content in a manner that suggests an unauthorized association with any of Region 6 ESC or our licensors' products, services, or brands;
    5. you will not make any modifications to such Content;
    6. you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of Region 6 ESC or, in the case of Content from a licensor, the owner of the Content;
    7. you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
    8. forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Eduhero;
    9. post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability; and
    10. advertise or otherwise solicit funds, goods or services on the Site.
    11. Provide any commercial hosting service with Access to the Site and/or the content on the Site.

    To ensure that Users of the Site do not engage in Prohibited Conduct, Region 6 ESC reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OCC to any person or entity whose use of the OCC suggests Prohibited Conduct. Access of the materials available at the OCC beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OCC and will result in revocation or denial of Access to the OCC. The terms “normal patterns” and “abuse” shall be determined solely by Region 6 ESC.

    You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

  8. LIMITED WARRANTIES:

    Region 6 ESC warrants that the software that allows Users to Access the OCC (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. REGION 6 ESC PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

    Region 6 ESC also warrants that the media containing the Software, if provided by Eduhero, is free from defects in material on the date the User acquired the Software. REGION 6 ESC'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE FEE PAID FOR ACCESS TO THE OTL. THE USER MUST INFORM REGION 6 ESC OF ANY PROBLEM WITH THE OCC WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR REGION 6 ESC WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. REGION 6 ESC WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

    ALTHOUGH REGION 6 ESC/EDUHERO VETS ALL INFORMATION PROVIDED THROUGH A THOROUGH DUE DILIGENCE PROCESS, THE WEBSITE AND ALL CONTENT/PROGRAMS ARE FOR EDUCATIONAL PURPOSES ONLY AND REGION 6 ESC MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

  9. DISCLAIMERS AND LIMITATION OF LIABILITY:

    THE USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. REGION 6 ESC DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. REGION 6 ESC DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL REGION 6 ESC, OR ANY AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT REGION 6 ESC RECEIVED FROM THE SUBSCRIBER FOR ACCESS THE OCC, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL REGION 6 ESC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT REGION 6 ESC RECEIVED FROM THE USER OR MULTI-USER FOR A SUBSCRIPTION TO ACCESS THE OCC, EVEN IF REGION 6 ESC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF REGION 6 ESC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. REGION 6 ESC IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

    NO DEALER, AGENT, OR EMPLOYEE OF REGION 6 ESC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

    REGION 6 ESC DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT REGION 6 ESC RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

    THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

  10. Third Party Content; Hyperlinks:

    You acknowledge that Eduhero only prescreens official Eduhero courses, but any third-party applications within those courses or User-created content and associated third-party applications may be inaccurate and not pre-screened. Eduhero is not the publisher or author of any information on the Site that is provided by third-party content providers, and Region 6 ESC is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Eduhero's use of the content constitutes neither an endorsement nor a recommendation by Region 6 ESC of the content. Region 6 ESC assumes no responsibility for third-party products or services.

    Eduhero may contain links and references to other third-party websites and materials. Region 6 ESC does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Region 6 ESC does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Region 6 ESC may disable any hyperlink to the Site. Region 6 ESC has the right but not obligation to monitor third party websites and hyperlinks to the Site.

    REGION 6 ESC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, REGION 6 ESC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

  11. Copyrights, Trademarks and Other Proprietary Rights:

    Ownership

    The Programs (including past, present, and future versions) and the Content are owned or controlled by Region 6 ESC, our licensors and/or certain other third parties. All rights, title, and interest in and to the Content available via the Program is the property of Region 6 ESC or our licensors or certain other third parties, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. And is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Region 6 ESC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Program. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Region 6 ESC. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OCC may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Region 6 ESC, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Region 6 ESC's intellectual property except as set forth in Section 4.

    If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Eduhero, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

  12. Indemnification:

    You agree to, and you hereby, defend, indemnify, and hold Region 6 ESC harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Indemnified Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of any Program and your activities in connection with any Program; (iii) your breach or alleged breach of these Terms and Conditions or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of any Program or your activities in connection with any Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Region 6 ESC's use of the information that you submit via Region 6 ESC (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Indemnified Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Indemnified Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Region 6 ESC reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of Region 6 ESC.

  13. Security; Authorized Use:

    Users are prohibited from violating or attempting to violate the security of the Site. Region 6 ESC has the right, but not the obligation, to investigate occurrences of possible violations, and will cooperate with all applicable law enforcement authorities in prosecuting violators. Region 6 ESC may suspend User Access while it conducts an investigation. Users are required to enter a username and password to Access the OCC. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your username and password.

    You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

    You may not use the account, email or password of someone else at any time. You agree to notify Region 6 ESC immediately of any unauthorized use or loss of Your account, email, password and/or credit card information. You also agree to notify Region 6 ESC immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Region 6 ESC will not be liable for any loss that You incur as a result of someone else using Your email and password with or without Your knowledge. You may be held liable for any losses incurred by Region 6 ESC, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of Your account, email or password.

    User acknowledges and agrees to never falsify any certificates or provide any information which may lead others to believe that Eduhero has provided certification for completion of any training or professional development if the User has not completed necessary requirements for the applicable course or certificate.

    Region 6 ESC will never ask You for Your password. If You need to change your email address and/or password, Eduhero will generate a new username and password automatically through its computers and send it to Your e-mail. Region 6 ESC is not responsible for any unsafe passwords selected and utilized by the User or their employer for access to the site.

  14. Termination of Agreement:

    In addition to Region 6 ESC's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Region 6 ESC may also terminate Access to the OCC or cancel subscriptions to the OCC without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Region 6 ESC deems inappropriate.

    If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms and Conditions, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms and Conditions.

  15. Privacy Policy:

    Region 6 ESC values Your trust. In order to honor that trust, all of Region 6 ESC's employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. Eduhero's Privacy Policy as available on its website is incorporated by reference into these terms and conditions.

  16. Miscellaneous:

    These Terms, including Eduhero's privacy policy as incorporated by reference, constitute the entire agreement between Eduhero and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Eduhero and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Eduhero makes no representation that the content of the Site is appropriate or available for use in all locations. Eduhero operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.

    Communications

    As permitted by applicable law, when you communicate with Region 6 ESC electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that Region 6 ESC is not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that Region 6 ESC provides to you electronically satisfy any legal requirement that such communications be in writing.

  17. Dispute Resolution:

    First—Try to Resolve Disputes and Excluded Disputes.

    If any controversy, allegation, or claim arises out of or relates to the Program, the Content, your User-Generated Content, or these Terms and Conditions, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Region 6 ESC's actual or alleged intellectual property rights (an “Excluded Dispute”), then You agree to send a written notice to Region 6 ESC providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Your notice to Region 6 ESC must be sent via e-mail to eduhero@esc6.net. For a period of sixty (60) days from the date of receipt of notice from the other party, Region 6 ESC and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Region 6 ESC to resolve the Dispute or Excluded Dispute on terms with respect to which You and Region 6 ESC, in each of our sole discretion, finds unacceptable.

    Binding Arbitration

    If we cannot resolve a Dispute as set forth above (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND REGION 6 ESC (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, ANY PROGRAM OR ADVERTISING AVAILABLE ON OR THROUGH THE WEBSITE OR ANY PROGRAM. The Texas General Arbitration Act (Tex. Civ. Prac. And Rem. Code § 171) shall govern the arbitrability of all disputes between Region 6 ESC and You regarding these Terms (and Conditions) and any Program, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Region 6 ESC and You agree, however, that the applicable state law as contemplated below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and Region 6 ESC regarding these Terms and Conditions and any Program, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction's choice of law principles.

    No Class Action Matters

    YOU AND REGION 6 ESC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

    Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as provided below. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

    Jurisdictional Issues

    Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in the courts of the State of Texas sitting in the County of Walker. Accordingly, you and Region 6 ESC consent to the exclusive personal jurisdiction and venue of such courts for such matters and irrevocably waive any claim of “forum non conveniens”.

  18. Assignment:

    Region 6 ESC may assign our rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of Region 6 ESC.

EFFECTIVE DATE: June 4, 2024