Terms and Conditions
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Parties and Agreement
- Parties. This Agreement is between Region 6 Education Service Center ("Region 6 ESC," "we," "us," or "our") and you ("User," "you," or "your"). Eduhero is owned and operated by Region 6 ESC.
- Agreement Scope. This Agreement governs your access to and use of the Eduhero platform and services.
- Binding Nature. By accessing or using Eduhero, you agree to be bound by this Agreement.
- Acceptance. You accept this Agreement by: (a) clicking an "I agree" button or checkbox; (b) executing an order that references this Agreement; or (c) continuing to use the site after being presented with these terms.
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Acceptance of Terms
By accessing this site and using these services provided by Region 6 ESC, User agrees to comply with and be bound by all terms and conditions set forth in this Agreement.
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Definitions:
For purposes of this Agreement, the following definitions apply:
- "Access" means the ability to log into and use the Eduhero platform.
- "Agreement" means these Terms and Conditions as may be amended from time to time.
- "Authorized User" means an individual who has received credentials or authorization by a Multi-User Subscriber (defined below in this section) to complete activities or courses.
- "Content" means all information, materials, software, data, text, images, audio, video, and other content available through Eduhero.
- "District Manager" means the individual designated by a Multi-User Subscriber to manage access and users.
- "Multi-User Subscriber" means an entity that purchases subscription access for multiple users.
- "User" means any person who accesses Eduhero, whether as an individual subscriber or Authorized User.
- "User-Generated Content" or "UGC" means any content submitted, posted, or uploaded by users.
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Modification of Terms:
- Right to Modify. Region 6 ESC reserves the right to modify this Agreement at any time.
- Notice and Acceptance. Material changes may require affirmative acceptance. Modifications apply on a going-forward basis unless retroactive application is required by law. Users are required to review these terms periodically.
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Site Availability
Region 6 ESC will use commercially reasonable efforts to ensure Eduhero is available twenty-four (24) hours per day. However, there may be occasions when access may be interrupted for maintenance, upgrades, repairs, or due to failure of telecommunications links and equipment, and other similar circumstances.
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Subscription Plans and Fees
- Subscription Types.
- Single-Use Subscriber: An individual who purchases access to courses for individual use.
- Multi-User Subscriber: An entity that purchases access for multiple Authorized Users as specified in the applicable order.
- Payment Terms. All fees are non-refundable unless otherwise specified. Payment methods, renewal processes, and specific refund policies are as detailed in the applicable order.
- Fee Changes. Fee changes do not apply retroactively unless specifically stated in an order.
- Renewal. Single-use subscriptions do not automatically renew. Multi-User subscriptions may renew as specified in the applicable order.
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Account Registration
- Non-API Users:
- API-Enabled Users:
Renewal. Single-use subscriptions do not automatically renew. Multi-User subscriptions may renew as specified in the applicable order.
Unless otherwise specified, you are not required to register for an account. However, you must provide some accurate and complete information that you will keep current. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
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Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, incorporated herein by reference.
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Prohibited Conduct
User are prohibited from:
- Attempting to gain unauthorized access to Eduhero or related systems;
- Reverse engineering, or attempting to reverse engineer any part of Eduhero;
- Introducing viruses, malware, or other harmful code;
- Violating any applicable laws or regulations;
- Falsifying completion certificates or training records;
- Using automated tools to scrape or download content;
- Sharing account credentials with unauthorized individuals;
- Attempting to circumvent access controls or security measures.
- Authorized Users must access and use the website only through direct human interaction. Authorized Users are prohibited from using, deploying, enabling, or permitting any Bot or AI Tool to access the website or to perform any Functions, whether in whole or in part, and whether acting autonomously or under human direction (including "human-in-the-loop" or "human-on-the-loop" operation).
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Limited Warranty
We provide a limited warranty that Eduhero will function substantially as described. The warranty applies for ninety (90) days from first access and constitutes your sole remedy for any breach of warranty.
- Warranty Exclusions. This warranty does not cover issues arising from: (a) misuse or unauthorized modifications; (b) third-party software or services; (c) network or connectivity problems not within our control.
- Warranty Remedies. Our sole obligation for warranty breach is to use reasonable efforts to correct the non-conformity or provide a workaround.
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User-Generated Content
- User Responsibility. Users are solely responsible for any UGC they submit and must ensure it does not violate applicable laws or these terms.
- License Grant. Users may upload or submit content to Eduhero (“User-Generated Content” or “UGC”), including district documents such as Acceptable Use Policies (AUPs) and other internal materials. Users retain ownership of their UGC.
- Removal Rights. Region 6 ESC reserves the right to remove UGC that violates these terms or applicable law.
District-submitted content is treated as confidential and is only accessible to the submitting district, its authorized users, and Region 6 ESC personnel as necessary to operate and support the Eduhero platform. Region 6 ESC will not disclose such content to other users or third parties except as required by law or as authorized by the submitting district.
Users are solely responsible for the content they submit and for ensuring that such content complies with all applicable laws, regulations, and contractual obligations. This includes, without limitation, content submitted by districts, other education service centers, or third-party contributors for distribution or sale through the platform.
By submitting UGC, users grant Region 6 ESC a limited, non-exclusive, worldwide, royalty-free license to host, use, reproduce, and display such content solely for the purpose of operating, maintaining, and improving the Eduhero platform and related services.
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DISCLAIMERS
EDUHERO AND ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. REGION 6 ESC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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Third-Party Content and Links
Eduhero may contain links to third-party websites and content not controlled by Region 6 ESC. Region 6 ESC makes no representations about and is not responsible for such third-party materials or websites.
- Third-Party Applications. Some courses may include third-party applications or tools. Use of such applications is subject to their respective terms and conditions.
- User-Created Links. Users may not create links to inappropriate or unauthorized content within UGC.
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Intellectual Property
All materials and content in Eduhero, including but not limited to text, graphics, logos, images, software, and features, are the property of Region 6 ESC or its licensors and are protected by intellectual property laws. Users may not copy, modify, distribute, or otherwise use such materials without express written permission.
- Permitted Use. Users may access and use content solely for authorized educational purposes in accordance with their subscription.
- Restrictions. Users may not: (a) remove proprietary notices; (b) create derivative works; (c) sublicense or transfer rights to others.
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Limitation of Liability
IN NO EVENT SHALL REGION 6 ESC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. REGION 6 ESC'S TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY USER IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- Third-Party Acts. Region 6 ESC is not liable for damages caused by third-party acts or omissions.
- Jurisdictional Limitations. Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to all users.
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Indemnification
User agrees to indemnify and hold harmless Region 6 ESC and its affiliates, officers, directors, and employees from and against any claims, damages, and losses, including reasonable attorney fees, arising from your violation of this Agreement or use of Eduhero.
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Termination
Region 6 ESC may terminate this Agreement as follows:
- Termination by Region 6 ESC. We may suspend or terminate access immediately for violation of this Agreement or at our discretion with notice.
- Effect of Termination. Upon termination: (a) access rights cease immediately; (b) data may be deleted; (c) applicable provisions of these terms & conditions survive termination.
- Survival. Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.
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Privacy Policy
The Privacy Policy, incorporated herein by reference, governs our collection and use of information. We are committed to ethical handling of information in compliance with applicable law, including Texas Education Code § 32.151.
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Miscellaneous
- Severability. If any provision is unenforceable, the remaining provisions shall remain in full force and effect.
- Governing Law. This Agreement is governed by Texas law without regard to conflict of law principles.
- Compliance. User agrees to comply with all applicable local, state, and federal laws.
- Claims Limitation. Any claims must be brought within one (1) year of the cause of action arising.
- Assignment. Region 6 ESC may assign this Agreement without consent. User may not assign rights without written consent.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein.
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DISPUTE RESOLUTION AND BINDING ARBITRATION
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
- Mandatory Informal Resolution. Written notice describing the dispute is required, and the parties shall allow thirty (30) days to attempt informal resolution before initiating arbitration or litigation.
- Agreement to Arbitrate. Except as expressly provided below, all disputes arising out of or relating to this Agreement or Eduhero shall be resolved exclusively by final and binding arbitration governed by the Texas General Arbitration Act and, where applicable, the Federal Arbitration Act.
- Delegation. The arbitrator shall have exclusive authority to determine the scope, enforceability, and arbitrability of this provision.
- Procedures. Arbitration shall be conducted in Walker County, Texas before a single neutral arbitrator. The arbitrator may award any relief available in a court of competent jurisdiction. Judgment on the award may be entered in any court with jurisdiction.
- Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
- Exceptions. Individual small claims court actions and intellectual property injunctive relief are excluded from arbitration.
- Severability. If any portion of this arbitration provision is found unenforceable, the remainder shall remain in full force and effect.