Terms and Conditions Agreement between User and Education Intelligence, Inc.
This Agreement is for the RFP SchoolWatch Subscription Plan Service (“Agreement”) by and between Education Intelligence, Incorporated (“EII” or “We”) and the Customer executing this Agreement (“Customer” of “You”) and constitutes the full terms of Agreement that govern the relationship between EII and You. The RFP SchoolWatch Subscription Plan Service (“Service”) provides regular “request for proposal” bid alerts to the Customer based on the keywords provided by the Customer.
Deliverables for RFP SchoolWatch Subscription Plan Service:
Term and Termination
The term of the Service under this Agreement is one year (“Term”). Unless You exercise your right to cancel under the 30 day Refund Policy described below, the Service is provided on an annual basis and the Fee is earned in full at the time of execution or renewal.
Fees for Annual Service Plans
Payment Terms
Upon execution of this Agreement You will be invoiced the Fee for the Plan selected. Unless otherwise agreed to in writing by EII, payment is due on receipt. Any Fee not paid within 30 days after issued by EII will be subject to a late fee of 1.5% per month that the balance is outstanding. EII reserves the right to stop providing the Service at any time that the Fee is past due.
Taxes
Sales tax is not imposed on the Service in EII’s state of domicile. If at any time the law changes or We are notified that sales tax is due in the jurisdiction of Customer, You hereby consent to the additional charges required by such sales tax law and give EII permission to bill you for such taxes. Sales tax is the responsibility of the purchaser. If EII receives an assessment for past due taxes, interest or penalties directly attributable to the Services provided to You, you hereby consent to and give EII permission to charge you for such assessment.
Refund Policy
If, for any reason, Customer is not happy with the Service during the first 30 days of this Agreement, Customer is eligible for a 30 calendar-day money-back guarantee. Customer must request a 30 calendar-day money back refund in writing to EII within 30 days of registration for Service. After that time-period all fees paid by Customer are Non-Refundable. Fees are not dependent upon results and no specific outcome has been represented or warranted by EII.
No Unlawful or Prohibited Use/Intellectual Property
All content and information included as part of the Service, such as proprietary information, text, graphics, logos, images, as well as the compilation thereof, and any software used on the www.rfpschoolwatch.com (“Website”) or elsewhere by EII, is the property of EII or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, provided by EII during the Term of this Agreement as part of the Service. EII’s Service content is not for resale. Customer’s use of this Service does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your informational use, and will make no other use of the content without the express written permission of EII and the copyright owner. We do not grant You any licenses, express or implied, to the intellectual property, confidential information, or trade secrets of EII or our licensors except as expressly authorized by these Terms.
Electronic Communications
Visiting the Website or sending or receiving emails from EII constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
International Users
The Service is controlled, operated and administered by EII from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all laws in Your jurisdiction. You agree that you will not use any EII content accessed on the Website of through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless EII, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Under no circumstances are any damages owed by EII to Customer, or Customer to EII, to exceed the total amount of money received from Customer for the Services.
Mediation
The Parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement is subject to a requirement to mediate prior to filing any lawsuit. The mediation shall take place in Nashville, State of Tennessee utilizing a qualified and independent mediator selected by both Parties (or appointed by the Alternative Dispute Resolution Commission (“ADRC”) of Tennessee if the Parties are not able to agree on the selection). The mediation proceedings will be conducted under the Tennessee Rules for Mediators adopted by the Tennessee Supreme Court in effect at the time a demand for mediation is made. The Parties agree that there is no requirement to actually reach a settlement to the dispute in mediation, but agree that if a settlement is reached during mediation it shall be reduced to writing and shall be binding upon the parties, their heirs, executors, administrators, successors and assigns. The cost of a third-party mediator shall be shared equally by the parties. In the event of litigation, reasonable costs and attorneys’ fees will be awarded to the prevailing party.
Waiver of Class Action and Arbitration
To the fullest extent permitted by applicable law, You and EII agree to bring any dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought heard or arbitrated as a class or collective action (Class Action Waiver). Regardless of anything else in these Terms and Conditions, any other agreement between you and EII, and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE OR THE WWW.RFPSCHOOLWATCH.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN AND THEREIN. EII AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR WEBSITE AT ANY TIME. EII AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EII AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EII AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EII OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR THE SERVICES.
Termination/Access Restriction
EII reserves the right, in its sole discretion, to terminate your access to the Service or the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of state and federal courts in Davidson County, Tennessee in all disputes arising out of or relating to the use of the Services and the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation, this section.
Relationship between the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between You and EII as a result of this Agreement or use of the Service and/or Website. EII's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of EII's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Service or Website or information provided to or gathered by EII with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Previous Agreements
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and EII with respect to the Service and Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and EII with respect to the Service and Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the Parties that this Agreement and all related documents be written in English.
Changes to Terms
EII reserves the right, in its sole discretion, to change the Terms and Conditions under which the Service and Website are offered. All current Subscribers will be notified at the email address provided of and published changes to these Terms and Conditions. The most current version of the Terms and Conditions will supersede all previous versions. EII encourages you to periodically review the Terms and Conditions to stay informed of our updates.
Contact Us
EII welcomes your questions or comments regarding this Agreement and these Terms and Conditions:
Education Intelligence, Inc.
2294 Lebanon Pike #104,
Nashville, TN 37214.
customercare@rfpschoolwatch.com
Effective as of June, 2025
