Terms of Service

Introduction

Welcome to ludditeonline.com. This website is owned and operated by Education Associates, LP. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').

This agreement is in effect as of Aug 31, 2014.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

For information about how we handle Personally Identifiable Information (PII), please review our Privacy Policy.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

contains any type of unauthorized or unsolicited advertising;
impersonates any person or entity, including any ludditeonline.com employees or representatives.

We have the right at our sole discretion to remove any content that in our judgment does not comply with this User Agreement, along with any content that we determine is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Education Associates, LP. The following limitations may apply:

Origin of copyright. According to the United States Copyright Office, “copyright protection subsists from the time the work is created in fixed form [and] the work of authorship immediately becomes the property of the author” (http://www.copyright.gov/circs/circ01.pdf).
The doctrine of Fair Use as defined in Title 17 of U.S. Copyright Law (http://www.copyright.gov/fls/fl102.html).
The doctrine of “implied license” (http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1470&context=chtlj).

Provisions in this section only refer and apply to content posted via open communication tools as described, and do not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

You agree to indemnify and hold harmless Education Associates, LP and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Registration, Payment, and Refund Policies

In order to use the Resources on this website, visitors must register. This website allows for membership at three levels:

1. Open Registration. There is no charge for visitors who choose to register with the site voluntarily. Open Registration allows visitors the same access to the site as public visitors who do not register, but registered users can leave comments. Open Registration does allow for better communication with the site administration and may be used for distribution of newsletters, updates about the site, or other information, at the site administrators' discretion.
2. Limited Membership allows access to the public pages (Homepage, Gallery, Luddite Anthem, Privacy Policy and Terms of Service, Homepage Blog Posts) and full access to the main blog page, Luddite Online.
3. Full Membership allows full access to all pages of the site.

Registration and Membership are administered by S2Member^® and PayPal^®. The registration process is as follows:

1. The Membership Options page allows site visitors to determine what kind of site access they want.
2. Clicking on the desired Membership button will redirect site visitors to the PayPal^® Visitors who do not already have a PayPal^® account will have the opportunity to register for one at no cost.
3. Payment can be made using any of the options available through PayPal^®.
   • Open Registration does not require payment.
   • Limited Membership is available at $2.95 per month.
   • Full Membership is available at $4.95 per month.
   • Upgrading a Limited Membership to a Full Membership does not result in a fee increase for the first 30 days. After 30 days, members will be billed a monthly recurring fee of $4.95 per month.
4. Once the PayPal^® transaction is complete, new members will receive three email messages:
   1. an email message from PayPal^® confirming setup of an automatic payment;
   2. an email message from Education Associates, LP confirming membership;
   3. An email message from LudditeOnline.com containing a username and password.
5. New members will be redirected to the Login/Welcome Page where they can enter their username and password, change their password, and add any other additional information.

Once membership is established, users may have access to materials and resources for sale at additional cost. In such cases, they will be directed to the Membership Options page where any additional registration, upgrade, or purchase requirements can be addressed; or to the appropriate 3rd Party website where the product or resource they are interested in can be purchased.

3rd Party websites are not governed by this User Agreement.

Cancellations and Refunds:

Members who wish to cancel their membership should visit the Membership Options page and click on the Unsubscribe button. Cancellations occur through PayPal® as administered by S2Member® and are the responsibility of members, not Education Associates, LP or its affiliates. Members who cancel before their monthly subscription renewal date will retain site access until the end of any thirty-day period already paid for.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:

1. the use of our Resources will meet your needs or requirements;
2. the use of our Resources will be uninterrupted, timely, secure or free from errors;
3. the information obtained by using our Resources will be accurate or reliable, and;
4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content;
2. no information or advice, whether expressed, implied, oral or written, obtained by you from Education Associates, LP or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.

Education Associates, LP will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All original content and materials available on ludditeonline.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Education Associates, LP, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Education Associates, LP.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GoverningLaw
This website is controlled by Education Associates, LP from our offices located in the State of California, County of Sacramento, United States of America. It can be accessed by most countries around the world. As each country has laws that may differ from those of Sacramento County, California, by accessing our website, you agree that the statutes and laws of the County of Sacramento, State of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the County of Sacramento, State of California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Education Associates, LP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:

Education Associates, LP admin@www.ludditeonline.com.