Effective Date: September 28, 2012
Last Updated Date: March 12, 2014
Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Education SuperHighway.org and its affiliates and subsidiaries (“ESH,” “we,” “us”). “You” and “users” shall mean all visitors to the EducationSuperHighway.org website or “Speed Test Service.” You accept these Terms each time you access the Speed Test Service. If you do not accept these Terms, you must not use the Speed Test Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Speed Test Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. The Speed Test Service will not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information. If you are under 18 years of age, you represent and agree that you are accessing the Speed Test Service with the consent and under the direction of your parent or another adult.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Speed Test Service.
The Speed Test Service
The “Speed Test Service” means the websites, EducationSuperHighway.org and SchoolSpeedTest.org, and any related mobile applications, or Internet service under ESH’s control, whether partial or otherwise, in connection with providing the services provided by ESH. The Speed Test Service provides an online platform to test broadband networks in public schools in the United States. The SchoolSpeedTest does not include the Item 21 Portal available at Item21portal.org.
ESH may communicate with you by email.
You agree to receive email from us at the email address you provided to us for customer service related purposes and to communicate with you about test results and related information.
Electronic Notices. By using the Speed Test Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Speed Test Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on EducationSuperHighway.org or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org
ESH’s Content Ownership and Use
ESH owns all of the content we create, but you may use it while you use the Speed Test Service. You cannot use our logo without our written permission.
The contents of the Speed Test Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other ESH content (collectively, “ESH Content”). All ESH Content and the compilation (meaning the collection, arrangement, and assembly) of all ESH Content are the property of ESH or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Speed Test Service and the ESH Content solely for the use of ESH’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the ESH Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original ESH Content on any copy you make of the ESH Content.
ESH Marks. ESH, the ESH logo, and other ESH logos and product and service names are or may be trademarks of ESH (the “ESH Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the ESH Marks.
Suggestions and Submissions
We appreciate your comments, but if you send us your creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Speed Test Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
1.own, exclusively, all now known or later discovered rights to the creative ideas;
2.not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3.be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Disclaimers, Limitations, and Prohibitions
Prohibited Speed Test Service Uses
Do not do bad things with the Speed Test Service, try to break it, or steal our hard work.
You agree to use the Speed Test Service only for its intended purpose. You must use the Speed Test Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Speed Test Service are prohibited. You may not:
1.aggregate, copy, or duplicate any ESH Content;
2.use data mining, robots, or other data gathering devices on the Speed Test Service;
3.remove, disable, damage, circumvent, or otherwise interfere with the security of the Speed Test Service;
4.interfere or attempt to interfere with the proper working of the Speed Test Service;
5.gain unauthorized access to the Speed Test Service or computers linked to the Speed Test Service;
6.attempt to reverse engineer, or reverse engineer the Speed Test Service;
7.frame or link to the Speed Test Service without permission;
8.attempt to or submit a virus to the Speed Test Service;
9.take any action imposing an unreasonable or disproportionately large load on ESH’s infrastructure;
10.attempt to or obtain unauthorized access to other users’ accounts;
11.use the Speed Test Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to ESH or others;
12.post incomplete, false, or misleading information; or
13.disclose personal information about another person.
14.use the Speed Test Service in an illegal way or to commit an illegal act; or
15.access the Speed Test Service from a jurisdiction where it is illegal, unauthorized, or penalized.
Consequences of Violating These Terms
If you don’t act acceptably, we may refuse to provide the Speed Test Service to you.
We reserve the right to prevent access to the Speed Test Service for any reason, at our discretion. We reserve the right to refuse to provide the Speed Test Service to you in the future. Perpetual licenses granted by you to ESH remain in full force and effect.
We may review and remove data we collect from the Speed Test Service at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Speed Test Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Speed Test Service.
We are not liable for anything our users do when using the Speed Test Service. We may also change the Speed Test Service at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the Speed Test Service or other websites.
Changes to the Speed Test Service. We may change, suspend, or discontinue any aspect of the Speed Test Service at any time, including hours of operation or availability of the Speed Test Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Speed Test Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ESH of all claims, demands, and damages in disputes among users of the Speed Test Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Speed Test Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Speed Test Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Speed Test Service. Use the Speed Test Service at your own risk.
Third-Party Websites. The Speed Test Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Speed Test Service.
Released Parties Defined. “Released Parties” include ESH and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
You use the Speed Test Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SPEED TEST SERVICE IS AT YOUR SOLE RISK, AND THE SPEED TEST SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SPEED TEST SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SPEED TEST SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SPEED TEST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPEED TEST SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SPEED TEST SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPEED TEST SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Speed Test Service. If you use the Speed Test Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SPEED TEST SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SPEED TEST SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SPEED TEST SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SPEED TEST SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SPEED TEST SERVICE OR YOUR USE OF ESH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ESH Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and ESH concerning your use of the Speed Test Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Speed Test Service.
These Terms and the relationship between you and ESH shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and ESH agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Speed Test Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco, California. You covenant not to sue ESH in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
1 Montgomery Street
San Francisco, CA 94104