Bricker & Eckler LLP – K-12 Title IX Toolkit
Last updated: March 11, 2021
This is an agreement between Bricker & Eckler LLP (“Bricker & Eckler”, “we”, “us”, “our”) and the educational institution identified on the Order Form (“Institution”, “you”, “your”) regarding the K-12 Title IX Toolkit (the “Toolkit”) provided by us as a subscription package (“Subscription”).
- • Bricker & Eckler’s California Privacy Supplemental Notice
- • Bricker & Eckler’s Cookie Notice
By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site.
When you create an account to subscribe to the Toolkit, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are solely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. Bricker & Eckler shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Bricker & Eckler, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
This Toolkit is owned and operated by Bricker & Eckler. All right, title and interest in and to the materials provided through this Toolkit, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by Bricker & Eckler. Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, uploaded, posted, displayed, transmitted or distributed in any way.
3. Use of the Toolkit
The Toolkit is designed to serve as a self-help, “fill in the blank” form.
- 1. License. Bricker & Eckler grants you a nonexclusive, nontransferable worldwide right to use the Toolkit during the time period you have purchased and while your membership remains in good standing, subject to these Terms. This license allows you to access, download, use, and edit forms in the Toolkit for your Institution’s non-commercial need. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Toolkit or any of its contents; or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the Toolkit, its contents, except for modifications to the forms for your Institution’s non-commercial use. All rights not expressly granted to you are reserved by Bricker & Eckler and its licensors.
- 2. No Guarantee. Bricker & Eckler does not guarantee that any form provided in the Toolkit is suitable for a particular purpose, or that any form included or referenced in the Toolkit is accurate, reliable, complete, or timely. The forms included or referenced in the Toolkit are for information purposes only, and should not be relied upon as legal advice.
- 3. No Legal Advice. The legal forms within the Toolkit do not substitute for the advice of an attorney, and the purchase and download of the Toolkit is not intended to create, and does not create, an attorney-client relationship.
4. Authority to Enter Subscription Agreement.
If you are entering into these Terms on behalf of your institution, you represent that you have the legal authority to bind that institution to these terms and understand that the terms “you” or “your” refer to that institution. If you do not have that authority or if you do not agree with these Terms, you may not sign up for or use this Toolkit. If after your purchase we find that you do not have authority to bind the institution for which you ordered, you will be personally responsible for the obligations in these Terms and the order you placed, including all payment obligations. Bricker & Eckler is not liable for any loss or damage resulting from our reliance on any communication reasonably believed by us to be genuine and originating from an authorized representative of your institution. If there is reasonable doubt about the authenticity of any communication, we may, but are not obliged to, require additional authentication from your institution.
5. Registration and Account Information.
In order to download the Toolkit, you may be required to register as a user or create an account. Each registration is for a single institution’s use only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
6. Fees and Subscriptions
- 1. Fees. Use of the Toolkit requires purchase of a Subscription. You must pay all charges to your account relating to that Subscription, including applicable taxes and fees. You will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a Subscription that is charged in full on purchase, in each renewal period for that Subscription, you must pay the total cost of the next subscription period by the first day of that period. For each Subscription, your charge remains for each subscription period no matter if you access the Toolkit or Materials during any subscription term.
- 2. Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial term of a Subscription.
- 3. Automatic Renewal. If you select the option to automatically renew, your Subscription will renew at the end of the initial term (the “Billing Date”) and at the end of each successive term, until you notify us that you want to terminate your Subscription under these Terms or your Subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your Subscription on your Billing Date. However, if your purchase date falls on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month.
- 1. Notice of Automatic Renewal. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, we are not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) our failure to send the email creates no liability for Bricker & Eckler LLP or any Third-Party Service.
- 4. Changes to Your Subscription.
- 1. General. We may discontinue the Toolkit or any Materials therein at any time in our sole discretion. However, you have the right to cancel your membership should we materially decrease Materials available in the Toolkit. If we add new Materials to the Toolkit, or to your Subscription, the new Materials will be subject to these Terms.
- 2. Fee Adjustments. We may increase Subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
- 1. By Us
- 1. We may terminate your use of the Toolkit, or your Subscription, if your conduct is found to be unlawful, inconsistent with, or in violation of, or the letter or spirit of these Terms. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that Subscription.
- 2. If you do not pay on the Billing Date, as described in the Billing section above, you can correct your credit card information and pay the outstanding amounts before the one-month anniversary of your Billing Date. If you have not made any payment on your Subscription by the one-month anniversary of your Billing Date, we may suspend your service and terminate that Subscription.
- 2. By You
For all Subscriptions, you may cancel your Subscription at any time by calling Bricker & Eckler at 614-227-2300 or by cancelling online through the “My Account” portal. After you have cancelled, your Subscription will remain active until the end of then-current period.
8. Disclaimer of Warranties
YOUR USE OF THE TOOLKIT IS AT YOUR SOLE RISK. THE TOOLKIT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRICKER & ECKLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BRICKER & ECKLER LLP BE LIABLE TO YOU, OR ANY OTHER PARTY OR ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO ANY AUTHORIZED USERS OF THE TOOLKIT, FOR ANY SPECIAL, COMPENSATORY, EQUITABLE, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE TOOLKIT. IN NO EVENT SHALL BRICKER & ECKLER’S AGGREGATE LIABILITY, IF ANY, INCLUDING LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY, OR OTHERWISE, EXCEED THE TOTAL OF FEES PAYABLE BY THE INSTITUTION FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM FOR SUCH LIABILITY.
10. Governing Law and Jurisdiction
These Terms shall be construed in accordance with and governed by the internal laws of the State of Ohio, without regard to conflict of laws provisions. You hereby submit to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio for the resolution of all disputes under, arising from or relating to these Terms, the performance or otherwise between the Parties, and agree to not contest venue in such courts.