IndyEd.com

Last updated: January 1, 2025

Below are the terms of use that you, as a user, whether learner or educator, accept in full when you use the website IndyEd.com. IndyEd.com, LLC a corporation registered in Georgia, United States. You agree that all matters relating to your use of or access to the Service, will be governed by the laws of the state of Georgia. 

ACCEPTANCE OF AND MODIFICATIONS TO TERMS OF USE

IndyEd.com, LLC (referred to hereafter as “the Service”) provides a collection of online resources, including but not limited to educational product listings, articles, coupons, and various email services available on or through IndyEd.com (referred to hereafter as “the Site”)  that are subject to the following Terms of Use (“TOU”). By using the Service/Site in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service and delete your account. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof and notification will be given via email.

ELIGIBILITY OF USE

The Service consists of an online marketplace platform, through which educators create listings of educational products they have to offer, coupons for those products, and educational articles and information. Learners are able to search for and view these products on the Site, and contact educators for more information. IndyEd.com does not directly sell any educational products to learners and assumes no responsibility for transactions off of our platform. IndyEd.com does, however, sell advertising space to educators on the Site. You acknowledge and agree that IndyEd.com only provides the tools for educators to advertise to learners, and for learners to contact educators. IndyEd.com is not a party to any agreements, financial, verbal, or otherwise, entered into between educators and learners. Nothing herein shall create any right of action against IndyEd.com for failing to adequately screen potential users or prevent the use of IndyEd.com or the Service by users who are not educators or learners.

CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. You waive any and all claims against IndyEd.com of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on IndyEd.com. You understand that IndyEd.com does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. In this case, please immediately report the content to the site. 

When you post User Content to the Service (including, but not limited to, educational product descriptions, images, coupons, articles, and blog posts), you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to IndyEd.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof. Furthermore, IndyEd.com and Content available through the Service may contain links to other websites, which are completely independent of IndyEd.com. IndyEd.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. 

Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will IndyEd.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that IndyEd.com does not pre-screen or approve Content, but that IndyEd.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of IndyEd.com. This includes article and blog posts. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of IndyEd.com, and agree to abide by any and all copyright notices displayed on the Service. Educators have the right to reproduce, duplicate or copy their own class descriptions and images only. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. IndyEd.com, as well as certain other of the names, logos, and materials displayed on IndyEd.com, constitute trademarks, trade names, service marks or logos (“Marks”) of IndyEd.com or other entities. You are not authorized to use any such Marks, with the exception of the IndyEd.com Educator badge (found on the Educator dashboard) that is only allowed to be placed in the footer of a website you own and is linked from your IndyEd.com educator profile. Ownership of all such Marks and the goodwill associated therewith remains with IndyEd.com or those other entities.

Although IndyEd.com does not claim ownership of content that its users post outside of articles and blog posts, by posting Content to any public area of the Service (including, but not limited to, educational product descriptions, images, coupons, articles, and blog posts), you automatically grant, and you represent and warrant that you have the right to grant, to IndyEd.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content. Furthermore, by posting Content to any public area of the Service, you automatically grant IndyEd.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose, such as advertising on third party websites, emails, etc...

IndyEd.com makes no claims and has no rights to actual educational content (outside of article and/or blog posts created for and published by IndyEd.com) or materials produced or sold by educators. 

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to IndyEd.com’s agent for notice of claims of copyright or other intellectual property infringement. Please include the following with your Notice to our Abuse Agent:

• The identity of the material on IndyEd.com that you claim is infringing, in sufficient detail so that we may locate it on the website;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your address, telephone number, and email address;
• A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
• Your physical or electronic signature.

THIRD PARTY CONTENT, SITES, AND SERVICES

IndyEd.com and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of IndyEd.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of any Content; the truth or accuracy of the descriptions of any goods or services offered for sale; the right of the sellers to sell or license any such goods or services; or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text.  It is not possible for IndyEd.com to verify information provided by the seller of any item.

You agree that IndyEd.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that IndyEd.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release IndyEd.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or disability (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• that impersonates any person or entity, including, but not limited to, a IndyEd.com employee; or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
• that includes personal or identifying information about another person without that person’s explicit consent;
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing that is not clearly and prominently labeled as such,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if posted in areas of IndyEd.com which are not designated for such purposes;
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
• or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users without their consent (learners contacting educators are giving consent for their email to be used by that educator) for commercial or unlawful purposes; 
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by IndyEd.com;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• attempt to gain unauthorized access to IndyEd.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or IndyEd.com;
• or use any form of automated device or computer program that enables the submission of Content on IndyEd.com without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to IndyEd.com email addresses or through IndyEd.com's computer systems is expressly prohibited by these TOU. Any unauthorized use of IndyEd.com's computer systems is a violation of the TOU and certain laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable after the free trial period of seven (7) days unless otherwise stated in writing for a specific promotional program.

LIMITATIONS ON SERVICE

You acknowledge that IndyEd.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that IndyEd.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. 

ACCESS TO THE SERVICE

IndyEd.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by IndyEd.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Use of the Service beyond the scope of authorized access granted to you by IndyEd.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from IndyEd.com that has been signed by one of IndyEd.com’s authorized representatives.

TERMINATION OF SERVICE

You agree that IndyEd.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if IndyEd.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that IndyEd.com shall not be liable to you or any third-party for any termination of your access to the Service and you agree not to attempt to use the Service after said termination.

DISCLAIMER OF WARRANTIES

You agree that use of IndyEd.com and the Service is entirely at your own risk. IndyEd.com and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, IndyEd.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of IndyEd.com and the Service. To the fullest extent permitted by law, IndyEd.com disclaims any warranties for other services or goods received through or advertised on IndyEd.com  or the Service, or accessed through any links on IndyEd.com or the Service, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colors, texture and detail shown on the user’s computer monitor. To the fullest extent permitted by law, IndyEd.com disclaims any warranties for viruses or other harmful components in connection with IndyEd.com or the Service. No advice or information, whether oral or written, obtained by you from IndyEd.com, IndyEd.com or through the Service shall create any warranty not expressly made herein. 

LIMITATIONS OF LIABILITY

Under no circumstances shall IndyEd.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if IndyEd.com has been advised of the possibility of such damages), resulting from any aspect of your use of IndyEd.com or the Service, whether the damages arise from use or misuse of IndyEd.com or the Service, from inability to use IndyEd.com or the Service, or the interruption, suspension, modification, alteration, or termination of IndyEd.com or the Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with IndyEd.com or the Service or any links on IndyEd.com or the Service, as well as by reason of any information or advice received through or advertised in connection with IndyEd.com or the Service or any links on IndyEd.com. These limitations shall apply to the fullest extent permitted by law. 

INDEMNITY

You agree to indemnify and hold IndyEd.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and IndyEd.com and governs your use of the Service, superseding any prior agreement between you and IndyEd.com. The failure of IndyEd.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

FEEDBACK

We welcome your questions and comments. Please send them via email. 

ADDITIONAL AGREEMENT FOR EDUCATORS

Legal Disclaimer: By logging in to your IndyEd.com account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and IndyEd.com. (“IndyEd.com”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to IndyEd.com the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on IndyEd.com (such images, product catalog, related data, the “Content”) for display on IndyEd.com and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other websites that IndyEd.com at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests, and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but IndyEd.com retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for IndyEd.com to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my IndyEd.com account with any updates to the Content necessary to keep such Content accurate and representative of my products. IndyEd.com and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees: Membership: Price is as stated on IndyEd.com at the time of purchase of the membership. All yearly payments are paid upfront at the beginning of the 365 day billing cycle and automatically renewed each year until canceled by me or IndyEd.com.

4) Length of Contract: This Agreement is valid up to and until I cancel my account.

5) Billing: In the event that a payment is due on my Membership, but my credit card on file is no longer valid or active, IndyEd.com may attempt to contact me to determine updated account information. IndyEd.com will immediately suspend my membership, and wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this agreement at any time.  Termination will take effect upon the end of the last day of my billing cycle.  IndyEd.com may terminate this agreement at will.  In the event IndyEd.com terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.