Terms and Conditions of Use

Welcome to the Specially Designed Education Services web site, owned and operated by Specially Designed Education Services, Inc. (“SDES” or “we”, “us”, or “our”). The polices below (“Terms of Use”) apply to this web site, located at http://www.sdesworks.com, and any other web sites under our control, however such web sites are accessed and/or used, whether via personal computers, mobile devices, or otherwise, and including all related interactive features, products, services, applications (including mobile applications), downloads or communications we provide (“Site”). In addition to the Content (defined below), the Site provides you with various opportunities to participate in various shopping services (“Services”). BY USING THE SITE AND SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Site, you agree to such terms and conditions.

1. Copyright and Ownership. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, videos, images, moving images, sound, and illustrations (“Content”), is owned by SDES, its licensors, vendors, agents and/or its Content providers. All elements of the Site, including without limitation the general design and the Content, may be protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Site may only be used for the intended purpose for which such Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms of Use, the use of any such copyrighted material on any other web site or networked computer environment is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. The Site, its Content, and all related rights will remain the exclusive property of SDES or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Site.
2. Trademarks. All trademarks, service marks, and trade names of SDES used herein (including but not limited to: the SDES name, the SDES corporate logo, the Site name, the Site design, and any other logos) (collectively “Marks”) are trademarks or registered trademarks of SDSE or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SDES trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Company’s prior written consent. The use of SDES trademarks on any other web site or network computer environment is not allowed. SDES prohibits the use of SDES trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You will not use the Marks in any manner that could, in SDES’s judgment, imply SDES’s endorsement in any (a) written or oral advertising or presentation or (b) brochure, newsletter, book, or other written material of whatever nature, without SDES’s prior written consent.
3. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SDES has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then SDES has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information. The Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third-party services are unrelated to the Services, and your login using such third-party registration information and use of such third-party services is subject to the terms and policies of those services.
4. Feedback and Comments. While we are pleased to receive feedback, comments and ideas from visitors to the Site, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Site, you hereby grant SDES an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that SDES is free to use them for any purpose.
5. Linking to the Site. Creating or maintaining any link from another web site to any page on the Services without our prior written permission is prohibited. Running or displaying the Services or any information or material displayed on the Site in frames or through similar means on another web site without our prior written permission is also prohibited. Any permitted links to the Services and Site must comply will all applicable laws, rules, and regulations.
6. Third Party Links. The Site and Services may contain links to web sites that are not owned, operated, or controlled by SDES or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites or any content, materials, or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site and Services, you do so entirely at your own risk.
7. Transactional Partners. In some cases we partner with another company to co-promote their services within our Services. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by SDES terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.
8. Contests, Sweepstakes and Games. From time to time, SDES may offer contests, sweepstakes or games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
9. Order Eligibility. You may only purchase products and Services that appear on the Site. You may only purchase products for personal use by either yourself or your intended recipient of the products; you may not purchase products for resale. SDES may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by SDES. SDES makes no promise that products and services available on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside of the United States, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site.
10. Products, Content and Specifications. Details of the products and services available for purchase are set out on the Site. All prices are displayed exclusive of all taxes and shipping charges. If you are located outside of the United States, please contact us at 1-888-735-7941 or orders@sdesworks.com for pricing. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Packaging may vary from that shown. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the production or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
11. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site.
12. Return and Exchange Policy. You may return or exchange a product or service purchased from the Site if the product or service is defective or for any reason within [30] days of the date of shipment. You must promptly contact SDES if you would like to return a product or service for return instructions. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, SDES will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the return.
13. Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
14. Fees. For all charges for any products and services sold on the Site, SDES will bill your credit card or alternative payment method offered by SDES. In the event legal action is necessary to collect on balances due, you agree to reimburse SDES for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of the Site.
15. Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
16. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by SDES’s Privacy Policy, which is incorporated into and is a part of these Terms of Use. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail unless required in the course of normal maintenance of the Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on SDES or the Services; (b) protect and defend the rights or property of SDES, the Services, or the users of the Services; or (c) act in an emergency to protect the personal safety of our users, the Services, or the public.
17. Force Majeure. Neither SDES nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.    
18. Representations and Warranties. You affirm, represent and warrant that you are over the age of 18 and have the right and authority to enter into these Terms of Use, and are fully able and competent to satisfy the terms, conditions and obligations herein
19. DISCLAIMERS. YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SDES, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER SDES, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SDES OR THROUGH THE SITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

1. LIMITATIONS OF LIABILITY. SDES does not assume any responsibility and will not be liable for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. We do not guarantee continuous, uninterrupted, or secure access to the Site or Services, and operation of the Site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL SDES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE. IN NO EVENT WILL SDES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITE.

1. Indemnity. You agree to defend, indemnify, and hold SDES and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Site or the internet or your placement or transmission of any message or information on the Site by you or your authorized users; (ii) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
2. Termination. You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
3. General. Any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by SDES in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 16 (Access and Interference), 4 (Feedback and Comments), 22 (Liability Limit), and 23 (Indemnity) will survive any termination or expiration of these Terms of Use.
4. Entire Agreement. These terms and conditions are the entire agreement between the user and SDES and supersede any prior understandings or agreements (written or oral).
5. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at info@sdesworks.com or by phone at (425).820.5855.
6. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2017, Specially Designed Education Services, Inc. or its licensors. ALL RIGHTS RESERVED.