The 2 Sisters Terms of Use

This Terms of Use Agreement (this “Agreement”) governs your access to and use of www.thedailycafe.com and any other site, service, social media page or application (collectively, the “Sites”), owned and/or operated by Educational Design, LLC, d.b.a. “The 2 Sisters” or any of its subsidiaries or affiliates (collectively, “The 2 Sisters”, “we” or “us”) that states that it is governed by this Agreement, including any products, content, functionality and services offered on or through the Sites (the “Services”).

By using the Sites, clicking “Join Now”, “Sign Up” or similar, registering, accessing or using our Services, you agree to be bound by this Agreement, and agree to all of the terms, conditions, and notices contained or referenced herein.    

You represent that you are of legal age to form a binding contract with The 2 Sisters and are not barred under any applicable laws from doing so. If you are using the Site or subscribing to any Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to this Agreement, in which case the term “you” shall refer to both you and the organization.

If you do not agree to these requirements, do not click “Join Now” (or similar) and do not access the Sites or otherwise use any of our Services.

We may revise and update this Agreement from time to time at our sole discretion. When we make material changes to this Agreement, we will notify you by posting the updated Agreement on our Sites, and we will update the effective date at the end of this Agreement.  All changes are effective immediately when we post them, and apply to all access to and use of the Sites and Services thereafter. Your continued use of the Sites or Services following the posting of revised Agreement means that you accept and agree to the changes.

If you engage with us through a social media platform this Agreement is in addition to any terms and conditions governing the relevant social media platform.  We have no liability or responsibility for the third party content, products or services available on any social media platform or the actions or inactions of any social media platform or any other user of such social media platform.

1. Membership

Certain portions of the Sites are members only.  To obtain access you may be required to register and become a member.  Membership fees may apply. 

When you register to become a member, you will create an ID and password. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your ID or password. You agree to notify us immediately of any unauthorized access to or use of your ID or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any ID, password or other identifier at any time.

2. Fees and Payment

If you buy a membership or any other paid Services, you agree to pay us the applicable fees and taxes and to any additional terms applicable to the Services. Failure to pay these fees may result in the termination of your paid Services. Also, you agree that:

• Unless otherwise specifically stated, all prices shown on the Sites are in U.S. Dollars and all amounts owed must be paid in U.S. Dollars.
• For renewing memberships, we may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.  To avoid future charges, cancel before the renewal date by notifying us at [email protected].
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
• No amounts that have been paid for the Services will be refundable.

You can get a copy of your invoice by contacting us at [email protected].

Data, including prices, may be inaccurately displayed on our Sites due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices.

4. Availability

We reserve the right to withdraw or amend the Sites, Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Sites or any Services are unavailable at any time or for any period.

You are responsible for (i) making all arrangements necessary for you to have access to the Sites (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Sites through your internet connection are aware of the terms and conditions of this Agreement and comply with them.

3. Sharing

Our Services may allow you to message other user and share information through the Discussion Boards on our Sites and to post or share information in other ways. Information and content that you share or post may be seen by other members and visitors to the Sites. Where we have made settings available, we will honor the choices you make about who can see the content or information you share.

5. Your License to The 2 Sisters

When you register or use certain Services, you may be asked to provide certain content or information.  As between you and The 2 Sisters, you own the content and information that you submit or post to the Sites. 

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and this Agreement.

Further, by submitting or posting content or information to the Sites you are granting us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, create derivative works from, distribute, publish, perform, display and process, that information and content, without any further consent, notice and/or compensation to you or others, throughout the world in any media.  You grant us and any sub-licensees the right to use the name that you submit in connection with such content, if we choose. 

By submitting suggestions or other feedback regarding our Sites and Services to The 2 Sisters, you agree that The 2 Sisters can (but does not have to) use and share such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not, and will not when used as authorized hereunder, violate the law, any third party agreement, nor anyone’s rights (including privacy and intellectual property rights). You also agree that all information you provide will be truthful and not misleading.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

6. Intellectual Property Rights

The Sites and Services (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by The 2 Sisters and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Sites for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the Sites, subject to the terms and conditions of this Agreement and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as follows:

• Your computer may temporarily store copies of the Site materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites and where we provide you access, downloadable documents on the Site, for your own personal or business use and not for further reproduction, publication or distribution.
• You may download and print documents from the Sites where permission is indicated and you may share complete printed copies of such documents in local staff development settings with an attendance of no more than thirty individuals, where no fee is charged for participation.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.
• You are granted a limited, revocable (for any reason or no reason), and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray us or the Sites or Services in a false, misleading, derogatory, or otherwise offensive matter. 

You must not:

• Modify copies of any materials obtained from the Sites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.
• You may not link to the Sites from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in The 2 Sisters’s sole discretion.
• Access or use any part of the Sites other than for purposes of receiving the Services.

If you wish to make any use of material on the Sites other than as set out in this section, please address your request to [email protected].

No right, title or interest in or to the Sites or Services, or any portion thereof, is transferred to you, and all rights not expressly granted are reserved by The 2 Sisters. Any use of the Sites or Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

7. Trademarks

The 2 Sisters name and logo, The Daily CAFE, The Daily 5, Math Daily 3, Math Daily 5, The Literacy Cafe Menu, and any other name, logo, product or service name, design or slogan contained on the Sites are trademarks of The 2 Sisters and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The 2 Sisters or the applicable trademark holder.   You may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent.

8. Permitted and Prohibited Uses

You may use the Sites and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Sites and Services in any way that violates any applicable federal, state, local or international law or regulation.

You also agree not to:

• Use the Sites or Services in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any device, software or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Services, the server on which the Sites are hosted, or any server, computer or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of service attack.
• Attempt to bypass methods The 2 Sisters may use to prevent or restrict access to the Sites or Services.
• Otherwise attempt to interfere with the proper working of the Sites.

Further you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Sites or Services any of the following content or information:

• Any message, data, information, text, music, sound, photos, video, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions or political campaigning; or
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

9. Reliance on the Sites

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any informational materials provided on the Sites, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. The 2 Sisters shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The 2 Sisters disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Sites.

10.  Third Party Links and Content

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our members or others. You agree that we are not responsible for others’ (including other members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use third party services, apps or sites that link from our Sites. Your use of these links and any third party content contained therein is at your own risk.  Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not.  

10. Termination

You have the right to terminate your membership account with The 2 Sisters at any time by contacting us at [email protected].  Upon termination of your membership account, the member only portions of the Sites will no longer be available to you. The 2 Sisters may terminate or suspend your account or your access to all or part of the Sites at any time and for any reason.

11. Disclaimer of Warranties

YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER THE DAILY CAFE NOR ANY ONE ASSOCIATED WITH THE DAILY CAFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE DAILY CAFE NOR ANY ONE ASSOCIATED WITH THE DAILY CAFE REPRESENTS OR WARRANTS THAT THE SITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE DAILY CAFE AND ALL PARTIES ASSOCIATED WITH THE DAILY CAFE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You understand that we cannot and do not guarantee or warrant that content available via the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our website and the SITES for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

12. Limitation of Liability

IN NO EVENT WILL THE DAILY CAFE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

13. Indemnification

You agree to defend, indemnify, and hold harmless The 2 Sisters, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement or your use of the Sites or Services, including, without limitation, any use of the materials available on the Sites.

14. Governing Law and Jurisdiction

This Agreement and your use of the Sites and Services will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Sites and Services, any purchase from the Sites, or this Agreement.

15. Waiver and Severability

No waiver of any term or condition of this Agreement by The 2 Sisters shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of The 2 Sisters to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

15.  Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The 2 Sisters has adopted a policy of terminating and barring, in appropriate circumstances and at The 2 Sisters' sole discretion, site users or account holders who are deemed to be repeat infringers. The 2 Sisters may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify The 2 Sisters by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to [email protected].

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The 2 Sisters to locate the material;
• Information reasonably sufficient to permit The 2 Sisters to contact the complaining party, such as an address, telephone number and an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alternatively, you may reach The 2 Sisters with a valid inquiry as follows:

EDUCATIONAL DESIGN LLC
THE 2 SISTERS
14201 SE PETROVITSKY RD A3
RENTON WA 98058-8986

Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

16. Entire Agreement

This Agreement (including additional terms that may be provided by us and made part of this Agreement when you engage with a specific Site or Service) and our Privacy Policy constitute the sole and entire agreement between you and The 2 Sisters with respect to the Sites and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to thereto. 

17. Miscellaneous

You may not assign any of your rights in this Agreement, and any such attempt is void, but The 2 Sisters may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Sites or Services. The 2 Sisters and you are not legal partners or agents; instead, our relationship is that of independent contractors.

18. Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Sites or Services should be directed to: [email protected].

Updated: August 13, 2018