PRIVACY NOTICE

Last Updated: February 6, 2024


Educators Link Management, LLC (“we”, “us”, “our”) provides you with a knowledge sharing platform that brings professional learning and consulting solutions directly to you, whether you are a Member or Consultant. Our relationship is built on trust and the opportunity to provide you with a great customer experience, so we think it is important for you to understand what information we collect from you, how we use it and with whom we share it. We ask that you please read this privacy notice (“Privacy Notice”) carefully so you can understand how we handle your information.

WHO WE ARE

Educators Link Management, LLC is the data controller and is responsible for and may use your information for the purposes described in this Privacy Notice. Educators Link, LLC and Baum & Beaulieu Associates, Inc. are affiliates of Educators Link Management, LLC (individually, “Affiliate” and collectively, “Affiliates”).

SCOPE

This Privacy Notice explains how we our Affiliates collect, use and share your information we obtain through our websites (“Website”), social media pages we control (“Social Media Pages”), software applications we make available (“Apps”), HTML-formatted email messages (“Communications”), and through any of our offline activities such as when you attend our events or provide information to us over the phone (“Offline Activities”). Websites, Apps, Social Media Pages, Communications and Offline Activities are collectively referred to as the “Services”. We follow this Privacy Notice in accordance with applicable law in the places where we operate.

We may collect information from any person who uses our Services on behalf of themselves. This includes individuals who use our Services without registering with us (“Guest”), those who have become a member of Educators Link (“Member”), and those who have registered with us as a consultant of The Educators Link (“Consultant Member”). Visitors, Members and Consultant Members are collectively referred to as (“users”, “you” and “your”).

We do not knowingly collect, solicit, maintain or use Personal Information from individuals under 18 years of age in connection with the Website or Forums. We do not knowingly collect, solicit, maintain or use student information, data or records (“Student Information”), or Personal Information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not otherwise subject to release (“Teacher or Principal Information”), in connect with the Website or Forums. Members are instructed not to provide, and Consultants are instructed not to collect, maintain or use any Student Information, or Teacher or Principal Information. If we do incidentally collect or maintain Personal Information from individuals under 18 years of age, Student Information, or Teacher or Principal Information you may Contact Us and request deletion.

Please keep in mind that when you provide information to us on a third party website, social media page or software application, the information you provide may be separately collected by the third party that controls that site or platform. The information we collect is covered by this Privacy Notice, and the information the third party collects is subject to that third party’s privacy practices. Privacy choices you have made on the third party website, social media page or application will not apply to our use of the information we have collected directly through our Services. Please also note that our Websites, Social Media Pages and Apps may contain links to other sites or platforms not owned or controlled by us and we are not responsible for the privacy practices of those third parties. We encourage you to be aware when you leave our Websites, Social Media Pages or Apps, and to read the privacy policies of other sites or platforms that may collect your Personal Information.

TYPE OF INFORMATION WE COLLECT AND HOW IT IS COLLECTED

We collect two types of information though our Services: information that identifies you or relates to you as an identifiable person (“Personal Information”); and/or information that cannot reasonably be used to identify you (“Anonymous Information”). Sometimes we group Personal Information and/or Anonymous Information in a manner in which it cannot identify a single user of our Services (“Aggregate Information”).

Personal Information Provided by You:

  • Registration information you provide when you create or update an Account with us, enter a promotion or submit a form requesting products or Services. This may include your name, email, phone number, login name and password, address, profile picture, payment or banking information, gender, pronoun, current and past employment history and work experience, demographic data, expertise, preferred hourly consulting rate, education, publications, biography, preferences, skills, other facts about yourself, and user name and password.
  • Transaction Information you provide when you request information, complete a transaction, contact Customer Service, or purchase, return, request, exchange, offer, or sell a product or service from us. This may include the type of Services requested or provided, date and time the service was requested and/or provided, location, due dates, amounts charged, method of service (such as virtual-live, virtual-recorded or in person), distance traveled, whether continuing education credits were offered and obtained, social security or EIN number, and payment method and payment account information. Additionally, if someone uses a referral or access code, we may associate your name with that person.
  • Information you provide to confirm your identity such as government identification such as your drivers license and/or passport.
  • Information you provide in Forums on our Website and applications, such as your public posts, ratings and reviews, blogs, social media posts, photographs, and public questions during any recorded events.
  • Information you provide in a non-public forum using forms, surveys or similar functionality, such as proposed or requested products or Services, such as budget or fees charged, birth date, last four digits of your social security number or teacher id for purposes of providing continuing education credits, Consultant Member travel arrangements, and potential or actual conflicts of interest.

Personal Information created during use of our Services:

  • We collect usage data about how you, or anyone you authorize to interact with your account, interacts with us or our Services. This includes information such as favorites, access dates and times, app features or pages viewed, when you access our platform or emails we send, app crashes and other system activity, geolocation information, your use of and interaction with our media such as how much you watch, when you pause or rewind, when you record, due date completion, type of browser, and third party sites or services used before interacting with our Services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Notice.
  • We may collect data about the devices used to access our Services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data (including through beacon technology).
  • Professional learning and consulting sessions may be photographed, voice and/or audio recorded and made available via our Services, in whole or in part, for future use and access by users.

Personal Information from other sources:

  • Third parties such as public databases, vendors, joint marketing partners, sales services providers, data firms, licensed continuing education providers, Wistia (https://wistia.com) used to power the Company’s virtual recorded medias, licensees, social media platforms, payment providers, from people with whom you know or otherwise connected on social media platforms, user participating in our referral program, employers such as school districts or schools, as well as from other third parties. If you provide information regarding a third party to us, you must have their permission to do so for the purposes described in this Privacy Notice.
  • Users, such as employers or other individuals, who provide gifts of Services, recommendations or content to other users.
  • Inferences drawn from any of the Personal Information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

USE OF YOUR INFORMATION

We use your Personal Information consistent with applicable law and the choices and controls that may be available to you, and we may use Personal Information collected from you, or from devices associated with you to:

  • Provide you with the experiences, products, or Services you request, view, engage with, agree upon, or purchase or which others purchase as a gift to you or on your behalf;
  • Communicate with you about your Account or transactions with us, send you information or request feedback about features on our Sites and Apps or changes to our policies;
  • Provide you with continuing education or other credits from state governmental bodies or educational institutions;
  • Send you offers and promotions for our products and Services or third party products and services;
  • Personalize content and experiences;
  • Provide you with targeted advertising based upon your activity on our Sites and Apps and on third-party sites and applications;
  • Allowing you to participate in sweepstakes, contests, and similar promotions, and administering such activities (each of which may have additional rules and could contain additional information about how we Process your Personal Information);
  • Confirm your identity;
  • Operate, understand, develop, enhance, modify or improve our Services, including by using research and analytics tools;
  • Detect, investigate, prevent, enforce against and notify you of activities that may violate our policies, pose safety issues, or be fraudulent or illegal;
  • Comply with legal process, including responding to request from public governmental authorities, including those outside your country of residence.

As Anonymous Information and Aggregate Information does not constitute Personal Information, we may use it for any purpose. If we combine Anonymous Information and Aggregate Information with Personal Information, we will treat the combined information as Personal Information according to this Privacy Notice.

When we collect government identification (such as your driver’s license number or passport number) or financial details (such as your bank account or credit card numbers), we are deemed to be collecting data that is “sensitive” under state privacy laws. Where legally required, we will obtain Your consent for collecting this information. We do not use or disclose sensitive personal information for any purpose that requires an opt out and use it only for purposes such as to provide the Services to you, to detect security incidents, and protect against malicious or fraudulent actions. We do not use or disclose such information to build a profile about you.

SHARING YOUR INFORMATION WITH OTHER ENTITIES

We share your Personal Information with entities outside of Educators Link Management, LLC and its Affiliates for limited purposes, which are as follows:

  • When you allow us to share your Personal Information with another company, so they can send you offers and promotions about their products and services.
  • When you direct us to share your Personal Information with third-party websites, software applications or social media sites, or you connect to another website, software application or social media site, through a link or otherwise, while using our Services.
  • Once we share your Personal Information with a third party in the above circumstances, the information received by the third party is controlled by that third party and becomes subject to their privacy practices.
  • We may disclose your Personal Information to vendors and service providers we retain in connection with our business such as: publishing companies, Consultant Members, website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, marketing advisors, legal advisers, accountants, auditing services or others. These entities are prohibited from using your Personal Information for purposes other than those requested by us or required by law.
  • We may disclose your Personal Information to co-sponsors of promotions and other third parties to provide you with Services that you have requested or may interest you. For example, we may co-sponsor promotions, sweepstakes, or other events with a third party and may share your Personal Information in connection with these events. We also may have relationships third parties with whom we share your information for order fulfillment and also to provide you with information about products, services or other offerings that may interest you.
  • We may disclose your Personal Information to a third party who acquires any part of our business or the business of any of our future Affiliates, whether such acquisition is by way of merger, consolidation, divestiture, spin-off, or purchase of all or a substantial portion of our assets.
  • We may disclose your Personal Information to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your information, if required or permitted to do so by law or legal process, to respond to claims, or to protect our rights, interests, privacy, property or safety, and/or that of our Affiliates, you or other third parties. This includes disclosing your Personal Information to State entities who manage continuing education credits for which you signed up.
  • We may disclose your Personal Information to individuals or entities who purchase products or Services on your behalf or on behalf of your employer for your benefit, to confirm when and where you received the requested products or Services.

THE PROTECTION, INTEGRITY AND RETENTION OF YOUR INFORMATION

We will take reasonable steps to protect the information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all information you provide to us via the Services.

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law.

YOUR CHOICES AND RIGHTS

You have certain choices and rights regarding the collection, use and sharing of your information. Your controls and choices include:

  • Accessing your Personal Information that we use, pursuant to applicable law, which may enable us to charge a nominal fee to cover our administrative costs. This information may be accessible in whole or in part through your Dashboard on the Website or you may Contact Us.
  • Verifying that any inaccurate or incomplete Personal Information held by us or on our behalf is corrected. You may update your Dashboard on the Website or you may Contact Us.
  • Requesting the deletion of Personal Information we hold about you, which we will delete if required and permitted under applicable law, rules, regulation and contract. You may Contact Us.
  • Requesting that we stop Processing your Personal Information, which we will assess and determine, under applicable law, whether we have any justification for continued Processing. You may Contact Us.
  • Requesting, under certain circumstances, whether you can receive your Personal Information in a format that allows you to send it to another company or to direct us to transfer it to another company. You may Contact Us
  • Opt-out from receiving future marketing communications from us at any time. You may Contact Us.
  • Opt-out of personal information sales, even if your information is not being sold. You may Contact Us.

We will not discriminate against you for exercising these rights. You can appeal a refusal to take action on a request.

CHANGES TO OUR PRIVACY NOTICE

From time-to-time we may revise this Privacy Notice and/or use Personal Information for new, unanticipated uses not previously disclosed to meet changes in the regulatory or business environment, or to satisfy the needs of our customers and service providers. Updated and date stamped versions of the Privacy Notice will be posted on the Services under the “Last Updated” legend at the top of this Privacy Notice. Unless otherwise required under applicable law (e.g. obtaining consent from you for the relevant material changes) the revised Privacy Notice will take effect immediately upon such posting and your use of the Services following these changes means that you accept the revised Privacy Notice.

CONTACT US

If you have any comments, questions, complaints or concerns, please Contact Us at [email protected] or 1 (888) EDLINK-1 or send a letter to:

Educators Link Management, LLC
P.O. Box 62
Port Washington, NY 11050
Attn: Privacy

COOKIE NOTICE

Last Updated: February 6, 2023


This cookie notice (“Cookie Notice”) explains how Educators Link Management, LLC and its Affiliates (“we”, “us”, “our”) and service providers use cookies and similar tracking technologies when you use our Services, as well as your choices related to their use. Please read the Privacy Notice and this Cookie Notice together to fully understand our use of your information. All capitalized terms contained but not defined in this Cookie Notice have the definition contained in the Privacy Notice.

TYPES OF COOKIES

Cookies are small text files on your computer or device and stored on your hard drive. Like many other companies, we use cookies and other tracking technologies when you use the Services, including HTTP cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded scripts, ETages/cache browsers, and software development kits (collectively referred to as “Cookies”).

Cookies are either placed by us, our partners, or third parties. While this Cookie Notice describes our and our partners’ use of Cookies, third party cookies are subject to the privacy practices of the third party.

USE OF COOKIES

We may use this information to:

  • Operate necessary service functionality, including for system administration, security and fraud prevention, and to enable purchasing capabilities.
  • Store and access information on the device to simplify your Website use by, for example, remembering your login details.
  • Monitor, evaluate and optimize the use of our website so we can, for example, improve content and user experience, consider traffic flows, develop new products and services and for statistical purposes.
  • Personalization cookies to select and deliver personalized content.
  • Facilitate tailored advertising, promotions or monitor patterns of browsing and buying based upon your use of your device and the Services, including your preferences, buying habits and location.
  • Enable you to share content with your friends and networks through social media via the use of Cookies set by social media platforms on the Services.

We may collect information whether or not you are logged in or registered and may associate this tracking data with your registration account, if you have one, in which case we will treat it as Personal Information. Service providers that collect tracking data on our behalf, and third parties who collect data independently, may provide an opportunity for you to choose not to be tracked online.

SHARING OF COOKIES

We may share this information with Affiliates if linked to our sites, service providers or other third parties or as permitted by law.

We do not control or have access to third party advertising partners’ cookies but allow them to be used to identify purchasing or interest patterns and run ads tailored to the user’s online habits.

MANAGING COOKIES

For further information about cookies, including how to see what Cookies have been set on your device and how to manage and delete them, you can visit https://www.youradchoices.com/.

Additionally, you may choose to take steps to manage Cookies on each browser or device as follows:

  • Web Browsers: Most web browsers are set to accept cookies by default. You may adjust your Cookie preferences at any time on each browser or device that you use. To do so, please follow the instructions provided by your browser which are usually located within the ‘Help’ or ‘Preferences’ menu.
  • Third Party Sites: Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link.
  • Mobile Users: You have controls in your device Operating System that enable you to choose whether to allow cookies or share your advertising ID with companies like us or our advertising service providers. For information on controlling your mobile choices, you can visit https://www.networkadvertising.org/mobile-choices.
  • Google Analytics: We use Google Analytics to better understand how visitors use our site and for interest-based advertising associated with your Google Account and devices you use. This cookie’s site usage information is transmitted to and stored by Google. You may opt out of Google Analytics here: http://tools.google.com/dlpage/gaoptout?hl=en.
  • Adobe Marketing Cloud Device Co-op: We participate in the Adobe Marketing Cloud Device Co-op to better understand how you use our sites across devices, and to deliver tailored promotions. To learn more about this and to manage your preferences, visit: https://cross-device-privacy.adobe.com.
  • Do Not Track Signals: We do not currently respond to browser ‘do not track’ signals. Third parties, including our service providers, may collect information about your online activities over time and across websites, including when you visit our site. To learn more about your choices regarding data collected about your online activities, visit www.aboutads.info and networkadvertising.org.
  • Internet Based Advertising: We may use third party advertising companies to serve ads for goods and services that may interest you when you access and use our Services or others’ services, based on information about online activities across sites. These companies may use a unique cookie on your browser (including using pixel tags) to collect data about your online use and to recognize you across devices. If you would like more information about this practice and learn how to opt out of it on your device browsers, visit www.aboutads.info and www.networkadvertising.org. You may also opt out in certain social media platforms by reviewing your account settings and restricting sharing your information with ad partners or tailoring ads based on information shared by ad partners.

CONTACT US

If you have any comments, questions, complaints or concerns, please contact us at [email protected] or 1 (888) EDLINK-1 or send a letter to:

Educators Link Management, LLC
P.O. Box 62
Port Washington, NY 11050
Attn: Privacy

TERMS OF PURCHASE

Last Updated: April 10, 2024


The following Terms of Purchase (“Purchase Terms”) defines the agreement between you and Educators Link Management, LLC (“we”, “us”, “our” and “ours”) regarding Services offered for purchase on this website.

This Consultant Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time:  Terms of Service; Terms of Use; Privacy Notice; Cookie Notice; Consultant Agreement (applicable only to Consultant Members); Anti-Sexual Harassment Policy (applicable only to Consultant Members); Privacy Policy (applicable only to Consultant Members; Information Management Policy (applicable only to Consultant Members); Information Security Policy (applicable only to Consultant Members); Consultant Services Standards (applicable only to Consultant Members) and any additional agreements, glossaries, policies, standards or guidelines we make available to you through the Legal Center or otherwise (collectively, “Terms”).

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, AS AMENDED, WHICH CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING CERTAIN DISCLAIMERS AND LIMITATIONS ON YOUR LIABILITY, AND A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND WAIVER OF A JURY TRIAL. THEY ARE FOUND IN SECTIONS 11, 12, 13 AND 14 OF THE TERMS OF USE, AND SHALL APPLY TO THESE PURCHASE TERMS.

  1. HOW TO SHOP

    You have the ability to shop for and purchase professional learning, consulting solutions and products through the website.

    1. Shopping Cart. You may place professional learning and products (e.g., print materials with the exception of Penguin Random House Classroom Libraries) in your shopping cart for immediate purchase via PayPal.
    2. Consulting Request. If you wish to purchase consulting solutions, you must submit a Consulting Request form.
    3. Price Quotes. If you wish to pay by Purchase Order, make a tax exempt purchase, purchase Penguin Random House Classroom Libraries, or require a price quote for any reason, we ask that you please submit a Request a Price Quote form.
    4. Favorites. You may click the heart icon next to any item on the website that may interest you and collect it in your Favorites. You can look back at your Favorites and even send them to friends and/or colleagues to view or make a purchase for your benefit.
  2. ORDERING PROCESS
    1. Shopping Cart. You may place an order directly on the website for professional learning and products by including items in your shopping cart and then following the prompts to make a purchase. This excludes consulting services, tax exempt purchases or Penguin Random House Classroom Libraries which must be purchased via a purchase order.
    2. Price Quote. You can submit a request for a price quote, as detailed in section 1(c) above for any reason. If we believe we can fulfill your request for Consulting Services contained in your Consulting Request form, we will include details of these services in a price quote. All price quotes will expire thirty (30) days after the date upon which the price quote is provided to you, unless the price quote designates otherwise. We reserve the right to make any changes to a price quote prior to its acceptance for any reason, including but not limited to an error in the price quote. Price Quotes that include a tax exempt purchases are subject to our receipt, review and approval of a tax exempt certificate from the purchaser.
    3. Purchase Order. You may accept the price quote prior to its expiration by sending to us a Purchase Order. By sending us the Purchase Order, the order is not deemed accepted until we confirm such acceptance to you. Purchase Orders that include tax exempt purchases are subject to our receipt, review and approval of a tax exempt certificate from the purchaser. We reserve the right to accept all, or any part of the order based upon the availability of products or Services.
  3. FEES AND PAYMENT

    All payments must be made by PayPal or business check in U.S. dollars. We currently do not accept cash, personal checks, credit card or any other payment form. Your PayPal agreement governs your use of PayPal, and you must refer to that agreement and not these Terms of Purchase to determine your rights and liabilities. You agree that you will not use any form of payment unless you are legally authorized to do so.

    For any personal purchases or payments made through the website we must receive payment from you prior to our delivery of the product or the Services to you. For district or school purchases made via Purchase Order, we will send an invoice to you after each individual product or element of the Services (e.g., an individual day of consulting) is delivered to you. Payment terms on invoices are net thirty (30) days.

    You agree to pay all fees, charges and applicable taxes incurred in connection with your purchases at the rates in effect when the charges were incurred. If you dispute any charges, you must let us know within thirty (30) days after the date that we charge you, or the charges will be deemed accepted. You are responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with our collection of payment.

  4. SHORTAGES, DAMAGES & CLAIMS.
    1. Print Products. It is your responsibility to check for carton or pallet shortages or signs of damage upon the receipt of products. The bill of lading or enclosed invoice will clearly indicate the number of cartons/pallets to be received. We will honor “subject to count” claims only if the bill of lading is signed, dated and all claims are reported to us in writing within seven days of receipt of a product. Any and all claims, including, but not limited to shortage of damage, must be made in writing and received by us within seven (7) days of your receipt of a product.
    2. Digital Products and Services. It is your responsibility to check for shortages or inaccuracies with respect to any products or services (e.g., a professional learning course) delivered to you digitally. Any and all claims, including, but not limited to shortage, must be made in writing and received by us within seven (7) days of your receipt of a digital product or service.
  5. REFUNDS
    1. Print Materials. Except for items purchased on a non-refundable basis, which includes but may not be limited to Penguin Random House Collections, we will accept the return of printed materials purchased directly from us within fourteen (14) days after the invoice date, presuming the materials are in salable condition. Note that the items will be returned at your own risk, and you will be responsible for shipping charges and will be subject to a 10% restocking fee. If the items returned are deemed not salable, the customer is responsible for the return of those items, which if not claimed within fourteen (14) days, can be disposed of by us without compensation to the customer. If we determine print materials are no longer available, out of stock or on backorder after an order has been placed, we will communicate that information to you and reserve the right to issue a refund for any portion of the order that is not available. If items are purchased from our Affiliate Baum & Beaulieu Associates, Inc., through its New York State Contract for Books, the terms of the New York State Contract shall apply. To initiate a return of print materials, please Contact Us before sending any items in the mail.
    2. Professional Learning and Consulting. The Services are non-refundable such that there are no partial or pro-rata refunds except as specifically identified in sections 4(b)(i) and 4(b)(ii), below. This includes but is not limited to instances where you cancel your membership, or we suspend or terminate your membership based upon your breach of the Terms.
      1. Professional Learning. If we permanently cancel a live virtual or in person professional learning event (“Live Event”) for which you have registered, you will be notified by e-mail or phone and the purchase price associated with the cancelled Live Event will be refunded to you. If the Live Event is to be rescheduled, you will be notified of the new date and you will have the option to (1) attend the Live Event at the new time, or (2) request that the purchase price associated with the Live Event be credited toward a different live or recorded professional learning course. Any credits must be used within one hundred and eighty (180) days of the day you receive the credit.
      2. Consulting. If purchase school-based consulting services (“Consulting”) and your Consulting needs to be rescheduled by the designated Consultant or your designated Consultant is no longer available, you will be notified by e-mail or phone. If the Consulting is to be rescheduled with the same Consultant, you and the Consultant shall agree upon a new date using reasonable efforts and you will have the option to (1) work with us to choose a new Consultant, or (2) request that the purchase price associated with the Consultant be credited toward our Services. Any credits must be used within one hundred and eighty (180) days of the day you receive the credit.
  6. AVAILABILITY

    Not all Services offered on the Website may be immediately available such that all offers are subject to availability. We also reserve the right, at our discretion, to limit the number of Consulting Concierge services that a Member may purchase.

  7. ERRORS

    We do not warrant that our website is complete, accurate, current, reliable or error free. In the event of errors relating to pricing or the specifics of a service or product being offered, we reserve the right to refuse or cancel any orders.

  8. EXPIRATION DATES

    Our professional learning offerings consist of recorded events that are asynchronous (“Recorded Events”) and Live Events. All Recorded Events expire one (1) year from the date of purchase or upon viewing the Virtual Recorded course one time, whichever may occur first. Live Events will expire on the date the Live Event is to take place. The expiration of Consulting will be agreed upon when purchasing the Consulting. It is important for you to be aware of which events are expiring and to take the necessary actions to complete the event before the date of expiration. We are not responsible for any actions taken against you for failure to complete required courses on time because of an expiration issue.

  9. ONE CREDIT PER COURSE

    If you are seeking state approved professional learning credit for the course, you can only receive credit one time for each course. Therefore, if you take the same course in two separate reporting periods, you will only receive credit the first time you complete the program.

  10. PROFESSIONAL ADVICE

    The Content contained on the website, including without limitation the opinions and/or recommendations of any authors or moderators, has been prepared as a service to its Members and the internet community. It is not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. We have used reasonable efforts in collecting, preparing and providing quality information and material, but this does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Website. Users of information from the Website or links do so at their own risk. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

  11. COVENANT NOT TO COMPETE

    You agree that you will not either directly or indirectly enter into a business engagement or receive services from a Consultant to whom we have introduced to you during the term of their agreement with us or for a period of twelve (12) months thereafter, other than through us.

  12. TRANSFERABILITY

    The Website was designed to allow friends or colleagues to make purchases on the behalf of others. Any single purchase of a Professional Learning course only entitles one individual to view or participate in that course. If you make purchases of a Professional Learning course, you as the purchaser will receive a one-time-use redemption code or codes, depending upon the number of seats purchased for a particular course, that you can provide to friends or colleagues. It is your responsibility to maintain the safety, security and integrity of these redemption codes as they will not be reissued once used.

  13. CUSTOMER SERVICE

    We strive to provide high quality Services. Though, we understand that you may have questions about such services. Please Contact Us with any questions.

  14. ELECTRONIC SIGNATURE

    Your agreement to these Purchase Terms may be made by electronic signature(s), including but not limited to acknowledging “I agree” via a checkbox on this website (“Electronic Signature”). Such Electronic Signature is the same as a handwritten signature for the purposes of validity, enforceability and admissibility.

  15. GENERAL PROVISIONS.

    The “Other General Provisions” section of the Terms of Use, as amended, shall apply to these Purchase Terms.

TERMS OF SERVICE

Last Updated: February 6, 2023


Educators Link Management, LLC Terms of Service are comprised of this and the following important documents, as they may be in effect and modified from time to time:

The above-referenced documents shall be collectively referred to as “Terms”.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

By using this Website and the Services, you agree to be bound by these Terms.

You agree we may communicate any notices to you under these Terms, through posting the notices on our website, or through electronic mail or regular mail to the address we have on file for you. All notices to us will be provided by sending a letter, first class certified mail, to The Educators Link, P.O. Box 62, Port Washington, N.Y. 11050, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

TERMS OF USE

Last Updated: February 6, 2023


The Educators Link is a membership platform allowing individuals to browse, review, manage and/or purchase professional learning, educational consulting and related books and articles (“Members”). Members can also become our independent contractors whereby they can offer and/or provide certain professional learning, educational consulting or article-writing related services (“Consultant Members”). Certain information is accessible to users of our website without registering as a Member or Consultant Member (“Guest”). The following Terms of Use outline your obligations as a Member, Consultant Member or Guest (collectively, “User”) when using The Educators Link websites (including this website) and all related sites, (“Website”), and the various content, features, products and services offered on and in connection with these sites (“Services”).

These Terms of Use include and hereby incorporate by reference the following important agreements, as they may be in effect and modified from time to time: Terms of Service; Privacy Notice; Cookie Notice; Terms of Purchase; Consultant Agreement; Anti-Sexual Harassment Policy (applicable only to Consultant Members); Privacy Policy (applicable only to Consultant Members; Information Management Policy (applicable only to Consultant Members); Information Security Policy (applicable only to Consultant Members); Consultant Services Standards (applicable only to Consultant Members) and any additional agreements, glossaries, policies, standards or guidelines we make available to you through the Legal Center or otherwise (collectively, “Terms”).

  1. ACCEPTANCE OF TERMS

    The Services are provided to you by Educators Link Management, LLC (“we”, “us”, “our” and “ours”) and can only be accessed and used by you under the Terms. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

    We may, in our sole discretion, change or update these Terms or any features of the Services. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. It is your responsibility to regularly review information posted on the Services to obtain timely notification of such changes.

    BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, AS AMENDED, WHICH CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING CERTAIN DISCLAIMERS AND LIMITATIONS ON YOUR LIABILITY, AND A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND WAIVER OF A JURY TRIAL. THEY ARE FOUND IN SECTIONS 11, 12, 13 AND 14 OF THE TERMS OF USE, AND SHALL APPLY TO THIS CONSULTANT AGREEMENT.

    BY USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND ANY UPDATED TERMS. IF YOU DO NOT AGREE, YOU DO NOT HAVE PERMISSION TO USE THE SERVCES.

    Use of the Services will permit you to link to many other websites that may or may not be affiliated with us or our Services. Section 4(f) below contains additional information about these other linked web sites. These other linked websites, including the websites of any third parties, including our Affiliates, third party content providers, merchants, business partners, vendors, sponsors and licensors (collectively the “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked websites, through links provided through these Services, are not governed by these Terms but, instead, are governed by the terms of use and policies of those websites, and we disclaim any and all responsibility for your access to and use of such linked websites.

  2. LICENSE TO USE THE SERVICES

    Our Services are configured to enable the use of software, content, virtual items or other materials owned or licensed by us. We grant you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use in the United States such software, content, virtual item or other material for your personal, non-commercial use only for as long as the Services are made available to you by us, or an authorized third party, and only in accordance with these Terms and/or the specific terms that apply to the Services, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform the Services, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Services). This is a license agreement and not an agreement for sale or assignment of any rights in the Services or the products contained therein. Except as we specifically agree in writing, no element of the Services may be used or exploited in any other way than as part of the authorized product or service made available to you. You may own the physical media on which elements of the Services are made available to you, but we retain full and complete ownership of our intellectual property. We do not transfer title to any portion of the Services, software, applications, content, virtual items or other materials and/or services to you. Likewise, the purchase of a license to use any Web Service does not create an ownership interest in the Services, software, applications, content, visual items or any other materials and/or services to you.

  3. USAGE RULES
    1. Restricted Rights Clause. When licensed to the U.S., State, or Local Government, the licensed Services is commercial software or documentation as defined in Federal Acquisition Regulation clause 12.212, and has been developed exclusively at private expense. If licensed Services is acquired by or on the behalf of the U.S. Government or a U.S. Government prime contractor or subcontractor (at any tier), the U.S. Government’s rights in the licensed Services or technical data is as set forth in these Terms; this is in accordance with 48 CFR 227.7201 through 227.7202(4) (for Department of Defense (DoD) acquisitions) and with 48 CFR 2.101 and 12.212 (non-DoD acquisitions). All licensed Services acquired by the State or Local Government computer software/documentation shall be acquired under the licenses customarily provided to the general public.
    2. Special Notice for International Use; Export Controls. Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
    3. Internet, Browser and System Requirements. You may need a high-speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services. You are required to review the minimum requirements necessary for use of the specific Web Service.
    4. Mobile Networks. When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
    5. Consent to Messages. When you use the Services, you may be given the opportunity to consent to receive communication from us through email, text and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts may be generated by the automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, or, if via text message, by responding “STOP”. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION TO USING THE SERVICES.
    6. Permissions. When you use the Services, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding those permissions and how, if possible, to change your permission settings. By downloading, installing or using the Services, you agree to receive automatic software updates (as applicable).
    7. Third Party Services Platform. The Services may integrate, be integrated into, or be provided in connection with third party websites, services, applications, platforms and/or content (“Linked Sites”). We do not control those third parties or the products that they make available. You should read the terms of use agreements, the privacy policies and any other policies that apply to such third party products. If you access the Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple, Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third party beneficiary of these Terms. However, these third party beneficiaries are not a party to these Terms. You agree that your access to the Services using these devices shall be subject to the usage terms set forth in the applicable third party beneficiary’s terms of service. You represent to us that you have read and agreed to those terms. Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to this website from your website or the third party sites or provide any links that state or imply any sponsorship or endorsement of your website or the Linked Sites by us or the Providers.
    8. Delays and Accessibility. Our Services may be subject to limitations, delays, failure, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
    9. Forums. We may provide message boards, web logs or blogs, discussion forums or utilize social media platforms (“Forums”) in connection with the Services. You agree to evaluate, and bear all risks associated with, the use of any messages, information, or content associated with the Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or content. In this regard, you acknowledge to not rely on any content created by us or information submitted to us by third parties, including without limitation, information in the Forums, and in all other parts of this website. Subject to the terms of our Privacy Notice, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the website and its systems, subject to the Consultant Agreement or unless required to do so by law. You shall remain solely responsible for the content of your communications.
    10. User Feedback. We appreciate hearing from you, as well as our other Users, and welcome your comments regarding our Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Services, please be specific in your comments regarding our Services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be our property. In addition, none of the Submissions will be subject to any obligations of confidentiality and we will not be liable for any future use or disclosure of such Submissions.
    11. Contests, Sweepstakes and Promotions. Contests, sweepstakes and other similar promotions that you enter in connection with our Services or in connection with our Services integrated with a third party website, services application, platform and/or content (“Promotions”) may be subject to official rules and/or conditions that are supplemental to these Terms and which may provide details governing the Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Promotion, please first review the applicable Promotion official rules and/or conditions. If a Promotion’s official rules and/or conditions conflict with these Terms, the provisions contained in the official rules and/or conditions govern and control the Promotion. Your entry in to a Promotion constitutes User Generated Content and is subject to all provisions of this agreement that govern your submission and our use of your User Generated Content.
    12. Accuracy of Information. We attempt to ensure that information provided on or in connection with the Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currency of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third party products or services available in connection with the Services do not imply our endorsement of such third party products or services. The inclusion of any products or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
    13. Registration Information. We require that you create an online account to use or access certain parts of the Services and use certain products and features (“Account”). We may require that you provide login information such as a user name and password to access and utilize your Account. As a condition of your use of the Services, you agree to (a) provide us with true, accurate, current and complete information as prompted by our registration forms, when registering for or using the Services; and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your user name and password. We also use your Account to communicate to you important milestones, obligations and deadlines relative to the Services. It is your responsibility to regularly review information posted on your Account and our Website to obtain timely notification of these obligations and any changes to these obligations. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
  4. USER CONDUCT

    As a condition of your access and use of the Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, “Content”), you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to:

    1. violate these Terms or any applicable local, state, national or international law, or any rules and regulations having the force of law, including but not limited to any anti-corruption or anti-bribery laws, and any sanctions or export control laws;
    2. use the Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
    3. use the Services or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes (whether for profit or not-for-profit) including the submission or transmission of any content that contains advertisements, promotional materials, junk mail, or any other form of solicitation (including those for contributions or donations);
    4. reproduce, duplicate, copy, modify, sell, re-sell, rebroadcast, transmit, create derivative works, frame, mirror or exploit any Content or the Services not authorized by these Terms;
    5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with us, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
    7. upload, post, email or otherwise transmit any User Information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships;
    8. knowingly provide or submit false or misleading information;
    9. use or link to any portion of the Services for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing or knowingly receiving of or searching for any threatening, harassing, libelous, false, misleading, derogatory, offensive, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive;
    10. use the Services if you are under the age of eighteen (18);
    11. take any action that would undermine the review and rating process under the Services;
    12. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services;
    13. attempt to gain unauthorized access to the Services, other User accounts, or other computer systems or networks connected to the Services;
    14. use the Services in any way that could interfere with our rights or the rights or enjoyment of other Users of the Services;
    15. access or use the Services in a manner that suggest an association with our products, services or brands, except where expressly permitted by us;
    16. attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server used by us by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Users of the Services;
    17. sell, share, or otherwise transfer your account user name, password, other information, or your rights or obligations under these Terms;
    18. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, tamper or interfere with, disrupt, impair, disable or otherwise overburden the Services;
    19. circumvent or disable any content protection system or digital rights management technology used in connection with the Services;
    20. access, download, monitor, or copy any information contained on our Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’) or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Services;
    21. probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on or of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other User of the Services, or any other of our customers, including any of our accounts not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by us and provided for by Terms;
    22. in the event of live, in-person Services, violate any laws, policies and Executive Orders required in your location, including but not limited to any health or safety mandates; or
    23. allow third parties to violate the above restrictions.
  5. TERMINATION OR CONTENT REMOVAL

    We may terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever, including for violation of these Terms. Upon such termination, you must immediately cease accessing or using the Services and agree not to access or make use of, or attempt to use, the Services. You further acknowledge that we reserve the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. We reserve the right to also remove Content that violates these Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to us.

    All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

  6. TRADEMARKS AND COPYRIGHTS

    Our Services, including but not limited to videos, articles, blogs, bonus materials, code, technology and software underlying the Services (“Software”) images, copy, photographs and artwork, are our copyrighted, patented, or registered or unregistered trademarked (“Trademarked”) property or the copyrighted, patented or Trademarked property or software of our licensors. All copyrights, trademarks, services marks, trade names, trade dress, patents and other intellectual property rights in connection used in our Services are owned by us, or licensors (who may be third party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

    Any attempt to use these copyrighted, Trademarked or patented materials without written authorization, or use of our Services in a manner inconsistent with these Terms is a violation of our rights and/or the intellectual property rights holder, and strictly prohibited. Violation of trademark and copyright laws (“Infringement”) is considered intentional infringement. Such Infringement may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws.

  7. PRIVACY

    Our Privacy Notice describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information, as set forth in the Privacy Notice.

  8. NOTICE FOR CALIFORNIA USERS

    Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Educators Link Mangement, LLC. If you have any questions, concerns, or complaints regarding the Services, please contact us by either emailing [email protected] or sending a letter, first class certified mail, to The Educators Link, P.O. Box 62, Port Washington, N.Y. 11050, Attn: Customer Care.

    California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs and may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

  9. NOTICES

    You agree we may communicate any notices to you under these Terms, through posting the notices on our website, or through electronic mail or regular mail to the address we have on file for you. All notices to us will be provided by sending a letter, first class certified mail, to The Educators Link, P.O. Box 62, Port Washington, N.Y. 11050, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

    In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

    Educators Link Management, LLC P.O. Box 62 Port Washington, N.Y. 11050 ATTN: Legal Department [email protected]

    If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below.

    1. a description of the copyrighted work that you claim has been infringed;
    2. a description of where the material that you claim is infringing is located on the website;
    3. Your address, telephone number, and e-mail address;
    4. 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;
    5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  10. DISCLAIMER OF WARRANTIES.

    THE SITE, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. WE DISCLAIM ALL WARRANTIES AND DO NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

  11. LIMITATION OF LIABILITY

    YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATED OR RELATED ENTITIES OR PROVIDERS, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OR HOSTING OF THE SERVICES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE (OR OUR AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR ATTEMPTED USE OF THIS SERVICES OR ANY OTHER LINKED SITE. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATED AND RELATED ENTITIES AND PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) FORTY-NINE DOLLARS ($49.00). SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

    By way of example only, we and our related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of content, information, opinions or other materials appearing on this web site. Moreover, you expressly acknowledge and agree that we are not liable or responsible for any defamatory, offensive, or illegal conduct of other Users or third parties. Except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by our gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies only where afforded by statute or other law.

  12. INDEMNIFICATION

    We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold us and the Providers, our and their respective officers, directors, employees, affiliated and related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this website, your provision of Services, your breach of any provision of these Terms and any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on us: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.

  13. ARBITRATION AGREEMENT

    By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against us.

    1. Agreement to Binding Arbitration Between You and Us.

      Except as expressly provided below in Section 15(b), you and we agree that any dispute, claim or controversy in any way arising out of or relating to: (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with us, will be settled by binding arbitration between you and us, and not in a court of law. This Arbitration Agreement survives after your relationship with us ends.

      YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

      This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third party beneficiary to this agreement brings claims against the parties, those claims shall also be subject to the Arbitration Agreement.

    2. Exceptions to Arbitration.

      These Terms contain the following exceptions to Arbitration and as such, we shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) any claim that an applicable federal statute expressly states cannot be arbitrated; and/or (iii) any claim seeking to enforce, protect or concerning the validity of, any of your or our copyrights, trademarks, trade secrets, patents or other intellectual property rights; and (iv) any claim for injunctive relief.

      Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against us. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against us and no action brought by you may be consolidated or joined in any fashion with any other proceeding.

      The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 15(a), which will continue to apply in court as well as in arbitration), or the enforceability of these Terms as to any other controversy, claim or dispute.

    3. Rules and Governing Law.

      The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

      The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and we agree that the arbitrator will decide that issue.

      Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

      Any dispute, claim, or controversy subject to Arbitration, shall be governed by and construed in accordance with the laws of the state of New York in accordance with Section 16.

    4. Process.

      Prior to initiating an arbitration, you and we each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to us must be sent to The Educators Link Attn: Legal Department, P.O. Box 62, Port Washington, N.Y. 11050. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.

      Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against us must send the written Demand for Arbitration to The Educators Link Attn: Legal Department, P.O. Box 62, Port Washington, N.Y. 11050. The arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The arbitrator will be selected by the parties from the AAA’s National Roster of Arbitrators. If the parties are unable to agree upon an arbitrator after a good faith meet and confer effort, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

      A party who wishes to arbitrate a dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited.

    5. Location and Procedure.

      The arbitration will be conducted in Nassau County, New York. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.

    6. Arbitrator’s Decision.

      The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in Arbitration, you may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover attorneys’ fees and expenses if we prevail in arbitration.

    7. Fees.

      Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

    8. Severability and Survival.

      If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

  14. GOVERNING LAW AND CHOICE OF FORUM

    We operate the Services (excluding the Linked Sites, over which we have no authority or control) from our offices within the State of New York (which may be subject to change from time to time at our sole discretion). The Services can be accessed from all 50 states. As each of these places has laws that may differ from those of New York, by accessing the Services, you agree that these Terms and your use of the Services shall be governed in all respect by the internal substantive laws of the State of New York, without regard to any conflict of laws provision or rule, and shall not be governed by the United Nations Convention on the International Sale of Goods.

    Except to the extent that arbitration is required, any action or proceeding relating to any dispute under these Terms may only be instituted in state court in Nassau County, New York or in federal court in Nassau County, New York. Accordingly, you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.

  15. OTHER GENERAL PROVISIONS
    1. Subcontractors. We may retain or engage, in our sole discretion, subcontractors to assist us in the arrangement or provision of the Services. We shall have the sole authority to retain, terminate or control such subcontractors without prior notice to you.
    2. Remedies. These Terms are for the benefit of us and any third party beneficiaries, our and their respective officers, directors, employees, affiliated and related entities, agents, licensors, and suppliers. Each of these individuals and entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. We may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
    3. No Fiduciary Relationship. You and we are dealing at arms’ length and creating a commercial relationship. We are not your agent or your fiduciary.
    4. Severability. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    5. Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
    6. Our Relationship. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of the Services.
    7. Headings. The headings used in the Terms are for the convenience of the parties and for reference purposes only and shall not form a part of affect the interpretation of these Terms.
    8. Survival. Except as provided herein, the rights and obligations arising from these Terms shall survive the termination of these Terms.
    9. Force Majeure Event. Performance by either you or us may be excused by the occurrence of events beyond the control of the parties, including unavoidable travel interruptions, flood or other weather-related emergency or disaster, fire, strikes or labor and employment disputes, pandemic, or terrorism, provided that the affected party provides notice to the other as soon as reasonably possible after the occurrence of a force majeure event. Upon the declaration of a force majeure event, neither you nor us shall bear liability to the other for non- performance. We shall work together in good faith to discuss alternative dates for the event.

GLOSSARY OF DEFINITIONS

Last Updated: February 6, 2023


This Glossary of Definitions (“Glossary”) is an alphabetized list of terminology used by Educators Link Management, LLC in the various agreements, policies, standards or guidelines we make available to you through the Legal Center or otherwise (“Terms”). If a word is capitalized in the Terms and not defined in an individual agreement, policy, standard or guideline within the Terms (“Document”), refer to the definition set forth in this Glossary. If there is a conflict between the definition contained in this Glossary or a Document, the definition contained in that Document governs.

The definitions are as follows:

  1. AAA means the American Arbitration Association.
  2. AAA Rules means the AAA’s Consumer Arbitration Rules.
  3. Account means the online account you create to use or access certain parts of the Services and use certain products and features.
  4. Affiliates means that Educators Link Management, LLC and Baum & Beaulieu Associates, Inc are Affiliates of Educators Link, LLC; or Educators Link LLC and Baum & Beaulieu Associates, Inc. are Affiliates of Educators Link Management, LLC. Be mindful of the contracting party to determine the appropriate Affiliates as it relates to a Document.
  5. Aggregate Information means Personal Information and/or Anonymous Information grouped in a manner in which it cannot identify a single user of our Services.
  6. Anonymous Information means information that cannot reasonably be used to identify a single user of our Services.
  7. Apps means software applications we make available.
  8. Arbitrator means the arbitrator presiding over any dispute involving the Terms.
  9. Articles means blogs, vlogs or articles published by The Educators Link.
  10. Business Record means that final record of a transaction or business dealing.
  11. Cause means a basis upon which the Consultant Agreement can be terminated, which includes (i) willful misconduct, gross negligence, violation of law or any act of dishonesty or disloyalty; (ii) your willful inattention to any of your obligations hereunder other than due to a cause reasonably beyond your control; (iii) any breach by you of any of the terms of this Consultant Agreement; (iv) you are convicted of a felony; (v) your disability or death; or (vi) upon the institution of actions against you for insolvency, receivership or bankruptcy, or any other proceedings for the settlement of your debts, upon you making an assignment for the benefit of creditors, or upon initiation of dissolution proceedings against you.
  12. Communications means any HTML-formatted email messages.
  13. Company/ we/ us/ our / ours means either Educators Link, LLC or Educators Link Management, LLC, and may or may not include the relevant entity’s Affiliates. Please pay careful attention to the party identified in the Document.
  14. Confidential Information means proprietary techniques and information that we develop, compile and own and which has great value in our business.
  15. Confidential Personal Information means all Personal Information that is not Public Information. Sensitive Personal Information, defined below, is an even more confidential class of Personal Information.
  16. Consultant or Consultant Member means an individual who has registered with us as a consultant of The Educators Link and has entered into a Consultant Agreement with us to provide professional learning, consulting and/or article production or writing services to us as an independent contractor.
  17. Consultant Agreement means the agreement between Consultant Members and Educators Link Management LLC regarding the professional learning, consulting and/or article production or writing services you agree to offer to us as an independent contractor.
  18. Consultant Services means the Professional Learning, Consulting, and Article production or writing services offered on The Educators Link platform.
  19. Consulting means school-based consulting services.
  20. Content means any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Services.
  21. Cookies means cookies and other tracking technologies available when you use the Services, including HTTP cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded scripts, ETages/cache browsers, and software development kits.
  22. Created IP means certain intellectual property created by either party to the Terms, including but not limited to, notes, documents, plans, drawings, specifications, reports, advice, analysis, designs, methodologies, code, videos, artwork or any other intellectual property as required to render the Consultant Services.
  23. Dashboard means the location on the Website that is designated as “Dashboard” and houses information about your teachings and your learnings.
  24. Designated Agent means the agent that we have designated to receive notifications of claims infringement.
  25. District means a school district.
  26. DMCA means the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512.
  27. Duration means the duration of time for which a Consultant Member is obligated to provide Consultant Services, or word count in the case of Content.
  28. Electronic Signature means acknowledgment of a document by an electronic means for purposes of validity, enforceability, and admissibility.
  29. FAA means The Federal Arbitration Act, 9 U.S.C. § 1 et seq.
  30. Forums means message boards, web logs or blogs, discussion forums or social media platforms.
  31. Guest means individuals who use our Services without registering with us.
  32. House Tickets means complementary tickets per any professional learning assignment that we can provide to Members or other individuals or schools without charge.
  33. Information means any representation of data stored, used, or transmitted in any format including Documents, files, and communications whether electronic, analog, hard-copy, or oral transmissions.
  34. Incident unplanned interruption or disruption of our IT systems, platforms or services, including, but not limited to any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information or Confidential Information transmitted, stored or otherwise processed by us
  35. Infringement means the violation of trademark and copyright law.
  36. In Person-Live means Professional Learning, which may be in person and live.
  37. Linked Sites means third party websites, services, applications, platforms and/or content with which the Services may integrate, be integrated into, or be provided.
  38. Live Event means Virtual-live or in person professional learning event.
  39. Member means those who have registered to become a member of The Educators Link, allowing individuals to browse, review, manage and/or purchase professional learning, educational consulting and related books, and access Articles.
  40. Member Price means the purchase price a Member is charged for the receipt of a Consultant Service pursuant to the Terms of Purchase, less any applicable taxes.
  41. OFAC means the Office of Foreign Assets Control of the U.S. Treasury Department.
  42. Offline Activities means any of our offline activities such as when you attend our events or provide information to us over the phone.
  43. Personal Information means information that, alone or in conjunction with other information, identifies an individual or relates to an individual as an identifiable person.
  44. Privacy Notice means the Privacy Notice.
  45. Professional Learning means live or recorded professional learning.
  46. Promotions means contests, sweepstakes and other similar promotions that you enter in connection with our Services or in connection with our Services integrated with a third party website, services application, platform and/or content.
  47. Proposal means any professional learning proposal, consulting proposal or article proposal submitted to us by a Consultant Member for any Consultant Services that Consultant Member wishes to provide to us.
  48. Providers means that third parties, including our Affiliates, providers, merchants, business partners, vendors, sponsors and licensors who provide us with third party content.
  49. Public Information means information that is in the public domain and that which anyone can access.
  50. Purchase Order. A promise to pay for Services from a school district or school.
  51. Purchase Terms means Terms of Purchase.
  52. Recorded Events means recorded courses that provide for asynchronous learning.
  53.  Representative meansthe person signing the Conflict of Interest Waiver and Authorization on behalf of a School or District.
  54. School means an individual public or private educational institution.
  55. Sensitive Personal Information means certain highly sensitive categories of Personal Information that are detailed in the Privacy Policy.
  56. Services means All related sites, and the various content, features, products and services offered on and in connection with our Websites, Apps, Social Media Pages, Communications and Offline Activities
  57. Social Media Pages means social media pages we control.
  58. Software means software underlying the Services.
  59. Statement of Work or SOW means a contractual agreement as to the Services that will be provided by the Consultant Member to The Educators Link, the form of which can be found as Exhibit A to the Consultant Agreement.
  60. Student Information means student Personal Information, data or records.
  61. Submissions means creative suggestions, ideas, drawings, concepts or other information, you provide to us.
  62. Teacher or Principal Information mean Personally Information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not otherwise subject to release.
  63. Term means Duration.
  64. Terms means the Terms of Service; Terms of Use; Privacy Notice; Cookie Notice; Terms of Purchase; Anti-Sexual Harassment Policy (only applicable to Consultant Members); Consultant Agreement (only applicable to Consultant Members); Consultant Services Standards (only applicable to Consultant Members); and any additional agreements, policies, standards or guidelines we make available to you.
  65. Trademarked means images, copy, photographs and artwork, are our copyrighted, patented, or registered or unregistered trademarked.
  66. User/ you/ your /yours means collectively Guests, Members and Consultant Members and/or any individual bound by the Terms.
  67. User Generated Content means Created IP generated by a Consultant.
  68. Virtual-Live means professional learning courses that are both virtual and available synchronously.
  69. Virtual Recorded means professional learning courses that are both virtual and available asynchronously.
  70. Waiver and Authorization means the Conflict of Interest Waiver and Authorization.
  71. Website means our website and all related sites.
  72. Workers means all Company employees (whether permanent or temporary), contract workers (including their employees or sub-contractors), interns (whether paid or unpaid), and persons conducting business for the Educators Link.

CONSULTANT AGREEMENT

Last Updated: February 6, 2023


This Consultant Agreement (“Consultant Agreement”) defines the agreement between Consultant Members (“you” or “your”) and Educators Link Management, LLC (“we”, “us”, “our” and “ours”) regarding the professional learning, consulting and/or article writing services you agree to offer to us for our review and approval and/or provide to us as an independent contractor.

This Consultant Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time:  Terms of Service; Terms of Use; Privacy Notice; Cookie Notice; Terms of Purchase; Anti-Sexual Harassment Policy (applicable only to Consultant Members); Privacy Policy (applicable only to Consultant Members; Information Management Policy (applicable only to Consultant Members); Information Security Policy (applicable only to Consultant Members); Consultant Services Standards (applicable only to Consultant Members) and any additional agreements, glossaries, policies, standards or guidelines we make available to you through the Legal Center or otherwise (collectively, “Terms”).

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, AS AMENDED, WHICH CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING CERTAIN DISCLAIMERS AND LIMITATIONS ON YOUR LIABILITY, AND A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND WAIVER OF A JURY TRIAL. THEY ARE FOUND IN SECTIONS 11, 12, 13 AND 14 OF THE TERMS OF USE, AND SHALL APPLY TO THIS CONSULTANT AGREEMENT.

  1. CONSULTANT SERVICES
  2. You agree to offer to us for our review and approval and/or provide certain services to us as an independent contractor. Such services include but are not limited to live or recorded professional learning (“Professional Learning”), school-based consulting (“Consulting”) and/or written or produced content such as blogs, vlogs and/or articles (“Articles”) (collectively, “Consultant Services”).
  3. SUBMITTING PROPOSALS

    For any Consultant Services you wish to provide, you agree to submit either a professional learning proposal, consulting proposal or article proposal (collectively or individually referred to as, “Proposal”), via your Account. We will review the Proposal, sometimes in concert with a Member who may be interested in retaining your services as a subcontractor, and communicate to you whether the Proposal is accepted, rejected or needs modification. We are not required to communicate to you why your Proposal is rejected, though we will endeavor to do so. We reserve the right to reject your Proposal for any reason or no reason at all. Even if your proposal is rejected, we encourage you to submit additional Proposals.  

    Upon submission of an article proposal, you acknowledge that we do not provide financial compensation for Articles. Your name will be listed as to the author of any approved Articles as consideration for your submission. We have the right to make any changes to Articles in our sole discretion. Any approved Articles will be made available to Members and/or the public by the Educators Link for so long as we deem appropriate.  

  4. STATEMENT OF WORK

    If your Consulting or Professional Learning Proposal is accepted, we will provide you with a statement of work, the form of which is subject to change, and can be found as Exhibit A to this Consultant Agreement (“Statement of Work”). Articles will not require a Statement of Work. We will ask that you sign the Statement of Work via either an electronic acknowledgement or wet signature, which will constitute your legally binding agreement to provide the designated Consultant Services. The Statement of Work will be incorporated by reference into this Consulting Agreement.

    Pursuant to the Statement of Work, we may hire you to provide the following Consultant Services: (i) a Professional Learning, which may be in person and live (“In Person-Live”), virtual and live (“Virtual-Live”) or virtual and recorded (“Virtual-Recorded”); or (ii) Consulting.

    1. Location/Hosting. All In Person-Live Professional Learning and/or Consulting shall be held at a location identified by us in the Statement of Work. Virtual-Live Professional Learning shall be hosted by us using our website in connection with third-party technology, with which we will provide reasonable assistance. Virtual-Recorded Professional Learning shall be uploaded by you to our website using compatible third-party software that is in compliance with these Terms. If approved by us, the Virtual-Recorded Professional Learning provided by you will be published by us on our website.
    2. Duration. The duration of time for which you are obligated to provide Consultant Services (“Duration”), of each of your Consultant Services, will be identified in the Statement of Work. If we hire you to provide Consulting, we will work with the Member to whom the Consulting will be provided to determine the Duration for which they require Consulting.
    3. Date/Time. All In Person-Live and Virtual-Live Professional Learning will take place on the date and time designated in the Statement of Work. All Virtual-Recorded Assignments will be maintained on our website and made available to our Members for so long as we deem appropriate, in our sole discretion. We will endeavor to identify the dates for Consulting in the Statement of Work, however, due to the nature of Consulting, it is possible that the Statement of Work will only identify the Duration of the Consulting and you will work directly with the Member to determine the precise dates and times that are most convenient for both of you to participate in Consulting. In those instances, where dates and times of service are not identified in the Statement of Work, you must update your Account to reflect this information.
    4. Rescheduling of Consultant Services. If Consultant Services are rescheduled by us or a Member for any reason, including but not limited to inclement weather, school closure or conflicts, you and we will make reasonable efforts to reschedule the Consultant Services at a date/time that is convenient for all parties involved.
  5. PERFORMANCE OF THE CONSULTANT SERVICES
    1. Communication. Communication is key to any good relationship. Most information required by you to submit a Proposal or complete Consultant Services can be obtained through the Website and/or your Account. We will endeavor to communicate with you through your Account, though, we may also contact you by email or telephone if we determine in our sole discretion that the need arises. In instances where your Consultant Services consists of Consulting, you will also be required to communicate directly with the Member to whom you have been assigned to perform such Consulting. If you have any questions with respect to a Proposal, Statement of Work or Consultant Services, you may reach out to a member of our team by Contacting Us.
    2. Due Dates. Your Account is meant to help you stay organized and facilitate timely completion of tasks related to a Proposal or Consultant Services. You agree to timely comply with all deadlines and milestones communicated to you by us. It is your obligation to regularly check your Account and email for information, details and updates as well as track any additional due dates that you deem necessary, in your sole discretion to complete the Consultant Services.
    3. Maintaining Information. We mayrequest certain information from you, including information that will help us to provide Services or facilitate the provision of Consultant Services. You agree to provide us with requested information in a timely manner as reasonably requested by us. This includes but is not limited to recording on your Account, where so designated, the date and time you shall perform Consultant Services and marking Consultant Services as complete. FAILURE TO DO SO MAY RESULT IN DELAY, INCLUDING DELAY IN PAYMENT TO YOU, OR TERMINATION OF A STATEMENT OF WORK OR THIS CONSULTANT AGREEMENT.
    4. Method of Performance. You will have the discretion to choose the method and details of performing the Consultant Services as long as they are in compliance with these Terms.  We will not control, direct, or supervise you in the performance of such Consultant Services.
    5. Exclusivity. Nothing in this Consultant Agreement shall be construed as creating any exclusive arrangement between us and you or as prohibiting us from engaging with other individuals or entities for the performance of Consultant Services. The one exception is that  Virtual-Recorded Professional Learning videos or Articles licensed to us by you, through an SOW, cannot be offered by you for publication to any other person or entity. You may use the material from your Virtual-Live and In Person-Live Professional Learning and Consulting to provide live, in-person professional development or consulting elsewhere. You also understand and acknowledge that because of the unique nature of the Services and the platform upon which they are being delivered, we are offering a sole source product.
    6. Promotional Activities. We encourage you to promote your Consultant Services on your own website, Facebook, Twitter or other social media forums. In instances of sharing Content, promoting does not mean you post the entire Content on these forums. You may include a link to your guest post and a short sentence or two explaining what the Content is about. We will share and promote your Consultant Services by posting the information on our website and we may also feature your Consultant Services in social media or other advertising channels, but do not guarantee any particular site or audience reach. All search engine optimization information, such as anchor text or alt tags, if provided by you, will be reviewed and subject to inclusion at our discretion.
    7. Recording. Pursuant to a Statement of Work, you may provide your consent to record Professional Learning Consultant Services. By allowing such Consultant Services to be recorded by you, us or a third party, you hereby authorize us to offer such Consultant Services as Virtual-Recorded Professional Learning pursuant to these Terms.
    8. Images, Videos and Supplemental Materials. We welcome images and/or video and/or supplemental material to accompany your Consultant Services as long as they meet the requirements of Section 8(c), in addition to the following: ( (i) we reserve the right to change/edit the image/video/ supplemental material if necessary; (ii) we will consider all reasonable requests from you to change/edit the image/video/supplemental material; (iii) if people, aside from you, are included in the image/video/ supplemental information, then you must provide a written release allowing use of their likeness; (iv) video/image/supplemental information submissions must be relevant to the Consultant Services; and (v) we reserve the right to deny or remove any image/video/supplemental information we deem inappropriate or contrary to our values and/or brand.
    9. Quality. We reserve the right to have final say on the Content and quality of any Consultant Services we make available to our Members. We reserve the right to edit or remove from our website or elsewhere all or any portion of Content associated with your Consultant Services, including but not limited to videos or articles, at our discretion for any or no reason without prior notice to you.
    10. Key Personnel. Youshall not substitute your Consultant Services or key personnel assigned to the performance of Consultant Services without our prior written approval.
  6. COMPENSATION

    During the Term, you shall receive compensation for Consultant Services as indicated in your Statement of Work. Such fees are your sole compensation for rendering Consultant Services to us. THERE WILL BE NO FINANCIAL COMPENSATION PROVIDED FOR ARTICLES YOU PROVIDE TO US AS CONSIDERATION IS IN THE FORM OF A “BY” LINE IDENTIFYING YOU AS THE AUTHOR.

    In the event of termination of a Statement of Work or this Consultant Agreement by us for cause or by you (or your estate, as the case may be) for any reason, you will not be paid for any partial work and are only entitled to compensation for completed Consultant Services pursuant to the terms of that Statement of Work. If you complete a full day of Consultant Services in the form of Consulting, that constitutes completed work and you will be compensated for your daily rate.

    In the event that a Member is not satisfied with the Consultant Services provided by you and does not agree to pay us, we have the right to withhold your compensation.

    You agree to provide us with five complementary tickets per any professional learning assignment, (“House Tickets”) that we can provide to Members or other individuals or schools without charge. We will use House Tickets to promote you, us or your services or for any reason whatsoever. You will not receive compensation for the use of these House Tickets, however, if we choose to provide more than five (5) House Tickets per assignment, then you will receive compensation for those tickets as outlined in agreed upon Statement of Work.

  7. TERM AND TERMINATION

    The term (“Term”) of the Consultant Agreement shall be perpetual, unless terminated by you or us pursuant to the Terms, or as follows:

    1. By Either Party Not for Cause. Either party may terminate the Consultant Agreement without cause upon sixty (60) days’ written notice to the other party. In the event you provide less than sixty (60) days’ notice that you are unable to complete a Statement of Work and we are unable, after commercially reasonable efforts, to find another individual or entity to complete the Statement of Work, you shall reimburse us with the out-of-pocket costs incurred by us for such cancellation.
    2. By Either Party for Cause. Either party may terminate this Consultant Agreement and any SOW hereunder for “cause” and such termination shall be effective immediately upon the delivery of written notice to either party, or upon such other date and which a party may specify in such notice. (“Cause”) shall mean (i) willful misconduct, gross negligence, violation of law or any act of dishonesty or disloyalty by the other party; (ii) willful inattention to any of the other party’s obligations hereunder other than due to a cause reasonably beyond the other party’s control; (iii) material breach by the other party of any of the terms of this Consultant Agreement; (iv) the other party is convicted of a felony; (v) disability or death of the other party; or (vi) upon the institution of actions against the other party for insolvency, receivership or bankruptcy, or any other proceedings for the settlement of their debts, upon the other party making an assignment for the benefit of creditors, or upon initiation of dissolution proceedings against that other party.

      Survival. Any provisions of this Consultant Agreement which may be reasonably interpreted as surviving the termination of this Consultant Agreement shall survive its termination.

  8. OWNERSHIP OF WORK PRODUCT

    In accordance with these Consultant Terms, each of us may create certain intellectual property (“Created IP”), including but not limited to, notes, documents, plans, drawings, specifications, reports, advice, analysis, designs, methodologies, code, videos, artwork or any other intellectual property as required to render the Consultant Services. Any such Created IP generated by you (“User Generated Content”) shall be owned by you and any such Created IP generated by us shall be owned by us.

    You agree that you grant us a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, exclusive, limited license to use your Articles or Virtual Recorded Professional Learning videos, in connection with any Consultant Services. This means that you agree not to sell, demonstrate or otherwise provide those Articles or Virtual Recorded Professional Learning video to any third party without our express written permission.

    You grant us a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive, limited license to use all of your other Created IP in connection with any Consultant Services. This means that you can use any other of your Created IP aside from the Articles of Videos, described in the paragraph above, on a non-exclusive basis.

    Subject only to the rights expressly granted to each other under these Consultant Terms, each of us shall retain all rights, title and interests in and to any intellectual property rights that are owned by, or licensed or sublicensed to, such party prior to or independent of these Consultant Terms.

    You acknowledge and agree that we may preserve User Generated Content and may also disclose User Generated Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms; (c) respond to claims that any User Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Service, including your User Generated Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  9. YOUR REPRESENTATIONS AND WARRANTIES

    The foregoing representations, warranties and covenants shall remain in effect throughout the Term. You shall advise us immediately of any change in circumstance, including but not limited to a conflict of interest, that shall arise in the future and may cause the following to no longer be true.

    1. Experience. You are being engaged to provide such Consultant Services based upon you being experienced and qualified to provide such Consultant Services, with any appropriate or required licenses or certifications in place and in good standing.
    2. CONFLICTS OF INTEREST.

      THERE IS NO CONFLICT OF INTEREST BETWEEN YOUR CURRENT EMPLOYMENT, CLIENTS, ANY OTHER CONSULTANT AGREEMENT THAT YOU ARE A PARTY TO, IF ANY, AND THE ACTIVITIES TO BE PERFORMED PURSUANT TO THIS CONSULTANT AGREEMENT.  YOU AGREE THAT YOU ARE NOT A PARTY TO ANY AGREEMENT, CONTRACT OR UNDERSTANDING, AND THAT NO FACTS OR CIRCUMSTANCES EXIST WHICH WOULD RESTRICT OR PROHIBIT YOU FROM UNDERTAKING OR PERFORMING ANY OF YOUR OBLIGATIONS UNDER THIS CONSULTANT AGREEMENT. 

      YOU AGREE THAT EACH MEMBER ASSIGNED TO YOU TO PROVIDE CONSULTANT SERVICES WILL BE PROMPTLY REVIEWED BY YOU TO ASSURE THAT THERE ARE NO ACTUAL OR POTENTIAL CONFLICTS WITH YOUR CURRENT EMPLOYER, IF ANY, AND YOU SHALL ADVISE US IN WRITING IN THE EVENT OF A CONFLICT. A CONFLICT OF INTEREST TYPICALLY EXISTS IF YOU HAVE ANY INTEREST OR ENGAGE IN ANY BUSINESS, TRANSACTION, OR PROFESSIONAL ACTIVITY WHICH CONFLICTS WITH YOUR DUTIES AND RESPONSIBILITIES AT YOUR CURRENT EMPLOYMENT OR IF THE CONSULTANT SERVICES REQUIRE INFORMATION OR EQUIPMENT THAT IS THE PROPERTY OF ANOTHER PERSON (INCLUDING YOUR EMPLOYER, IF ANY). IF YOU ARE CURRENTLY EMPLOYED, WE SUGGEST THAT YOU READ AND FOLLOW ANY CONFLICT-OF-INTEREST POLICIES OF YOUR EMPLOYER.

      IF YOU ARE OR BECOME A SCHOOL DISTRICT EMPLOYEE AT ANY TIME, PRIOR TO OUR APPROVAL OF ANY PROPOSALS, YOU MUST PROVIDE US WITH A CONFLICT OF INTEREST WAIVER FROM YOUR SCHOOL DISTRICT BY SUBMITTING A COMPLETED FORM TO [email protected].

    3. Intellectual Property. You (i) own all rights, title and interest in and to User Generated Content, including, without limitation, all copyrights and rights of publicity contained therein; and/or (ii) have all required rights to post or transmit User Generated Content or other materials without violation of any third party rights.
    4. Due Care. You will perform your duties with due care. You shall comply with all applicable laws in the course of performing the Consultant Services. If your work requires a license, you shall obtain that license and the license will be or is in full force and effect. You shall follow all laws, policies and executive orders required in your location or by a particular school or district in connection with the provision of Consultant Services, including any safety mandates. 
    5. Covenant Not To Solicit. Youagree that during the term of this Consultant Agreement and for a period of twelve (12) months thereafter, you will not either directly or indirectly solicit, induce or otherwise encourage any of our vendors (including publishers), service providers, consultants, customers, educator member or employees to (i) cease their business or work, with or for us; (ii) reduce their level of services or sales to or from us, or (iii) otherwise modify their relationship with us in an adverse manner.
    6. Covenant Not To Compete. Youagree that during the term of this Consultant Agreement and for a period of twelve (12) months thereafter, you will not either directly or indirectly enter into a business engagement or provide services to a Member or their district or school with whom we have introduced to you, other than through us.
    7. Indemnification. Each party will indemnify and hold the other party harmless from, and will defend the other party against, any and all loss, liability, damage, claims, demands, or suits and related costs and expenses to persons or property that arise, directly or indirectly, from acts, or omissions of the indemnifying party, or from the breach of any term or condition of these Consultant Agreement attributable to the indemnifying party or its agent.
    8. Insurance Coverage. You shall maintain insurance from a financially sound and reputable insurance company covering its operations as contemplated by this Consultant Agreement in at least such amounts and against at least such risks as are usually insured against in the same general area by others engaged in the same or a similar business. You also represent and warrant that you maintain workers’ compensation insurance coverage for your employees and acknowledges that you have sole responsibility for such coverage. You will provide us with a copy of any relevant Certificate of Insurance upon our request.
    9. No Limitations. There are no facts or circumstances that would limit, restrict, prevent or prohibit you from offering or performing Consultant Services to Members or at or in close proximity to a school.
    10. Morality. You shall not commit any act or do anything which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with us or our brand.
    11. Non-Discrimination. In connection with performing Consultant Services, you shall not discriminate against anyone because of their ancestry, age, race, religious creed, color, national origin, actual or perceived sexual orientation, military status, disability as defined by the Americans with Disabilities Act, marital status, domestic violence victim status, actual or perceived gender identity or expression, familial status, predisposing genetic characteristics, and criminal history.
    12. Anti-Corruption. You and your employees and agents agree: (1) to comply with all applicable anti-corruption, anti-fraud and anti-bribery laws; (2) to not directly or indirectly make any offer, payment, or promise to pay, authorize payment, or offer a gift, promise to give or authorize the giving of anything of value for the purpose of influencing any act or decision (including a decision not to act) of an official of any government, territory, or jurisdiction or inducing such a person to use his or her influence to affect any governmental act or decision in order to assist us in obtaining, retaining or directing any business; and (3) that if you are a government official or school district employee, this Consulting Agreement has, shall and will not improperly influence you to provide, or cause others to provide, an improper advantage to the Company or its affiliates in any business dealings with any governmental entity, including schools or school districts.

      If you are a school district employee or have any influence over the purchasing decisions of a school district, you acknowledge that your participation as a consultant member of the Educators Link shall not induce any act or decision (including a decision not to act) of yours including using your influence or inducing others to use his or her influence to affect any such governmental act or decision in order to assist us in obtaining, retaining or directing any business.

    13. Sanctions Law: You are not, and will notify us immediately if you become, subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”) and you will not directly or indirectly use any proceeds of this offering, or lend, contribute or otherwise make available such proceeds to any contractor or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
    14. Privac. Consultant will comply with the terms of the Company’s Privacy Notice, and applicable law, including any relevant education-related privacy laws, in handling any Company or Member data in connection with the provision of Consultant Services. Consultant further agrees that it will comply with the terms of any district, school or privacy-related policies or data protection agreements, as requested by us, a district, school or Member in connection with the provision of Consultant Services. Consultant agrees not to collect, process, store, use or disclose student personal information, data or records (“Student Information”), or personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not otherwise subject to release (“Teacher or Principal Information”) in connection with your performance of Consultant Services.
    15. Background Checks and/or Fingerprinting. Consultant will bear the cost of any background check or fingerprinting services required by a Member or their associated district or school in connection with the provision of Consultant Services.
  10. OUR INDEPENDENT CONTRACTOR RELATIONSHIP

    You are an independent contractor. What this means is that you are wholly responsible for the work to be performed and for the supervision of your employees, if any. You and your personnel are not our employees or agents. We do not intend to establish a joint venture, partnership, trust, or agency relationship between us. You are responsible for providing workers’ compensation insurance for, paying the compensation, salaries and wages of, and for ensuring that all required tax withholdings are made for any assistants or subcontractors hired by you. By using our Services, creating an Account, offering or agreeing to perform Consultant Services to us, you agree that you are in no way becoming a part of the Website or Company, nor shall you hold yourself out to be a Member of The Educators Link Website or Company.

  11. TAXES
    1. Form W-9. You shall provide us with a signed and completed IRS Form W-9 upon execution of this Consultant Agreement. We will provide you with further instructions on the delivery of such W-9. Payment by us will be made to the individual or entity named on the IRS Form W-9. You shall notify us immediately upon any change of taxpayer information on the IRS Form W-9.
    2. Withholding of Taxes. We shall not withhold any taxes from any payment we make to you under this Consultant Agreement, nor make any contributions to any federal, state, or local agency with respect to such payments on your behalf but shall report the payments made to you hereunder on an IRS Form 1099. You acknowledge that we intend to deduct the fees we pay to you for the Consultant Services as an ordinary and necessary business expense for income tax purposes. You agree and represent that, except as otherwise required in writing by the Internal Revenue Service: (a) you will treat such fees as ordinary income for income tax purposes; (b) you shall be responsible for paying, when due, all taxes (including estimated taxes), Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to, incurred, imposed, or assessed as a result of your receipt of such fees from us, including but not limited to income taxes and self-employment taxes; and (c) if you report the receipt of such fees other than an ordinary income and/or fails to pay such taxes, you will indemnify and hold harmless us from any and all taxes, penalties, interest, costs, and expenses actually incurred, including reasonable attorneys’ fees and accounting fees, or assessed against us as a result thereof.
  12. CONFIDENTIALITY

    We have and will develop, compile and own certain proprietary techniques and confidential information that has great value in our business (“Confidential Information”).  Confidential Information includes not only information disclosed by us to you in the course of you providing Consultant Services, but also information developed or learned by you (even if the property or under the control of a Member, district or school) during the course of providing Consultant Services under this Consultant Agreement. Confidential Information is to be broadly defined.  Confidential Information includes all information that has or could have commercial value or other utility in the business in which we are engaged or in which we contemplate engaging.  Confidential Information also includes all information of which the unauthorized disclosure could be detrimental to our interests, whether or not such information is identified as Confidential Information by us. By example and without limitation, Confidential Information includes any and all information concerning client information and identification, material disclosed by clients, marketing, product development, business plans, strategies, forecasts, processes, know-how, techniques, technologies, trade secrets, inventions, discoveries, improvements, data, customer lists, supplier and vendor identities, characteristics and agreements and information concerning the our employees, services, and operations.  Confidential Information also includes any and all communications to or from Members, clients or prospective clients, whether set forth in documents, facsimile transmissions, e-mail transmissions or by means of oral communication.

    You agree that at all times during or after the term of this Consultant Agreement to hold in trust, keep confidential, and not publish, disclose or otherwise disseminate to any third party or make any use of the Confidential Information except with our prior written approval, and only to the extent necessary to perform the Consultant Services under these Consultant Agreement. You further agree that all such Confidential Information shall be maintained in accordance with this Consultant Agreement, the Terms, all applicable laws and regulations, and the requirements of the education department for which Consultant Services are being provided. These prohibitions also apply to your employees, agents, and sub-consultants, if any.  You acknowledge that you are aware that the unauthorized disclosure of Confidential Information to its Members may be highly prejudicial to our interests or and any Members, an invasion of privacy and an improper disclosure of trade secrets.

    On termination of this Consultant Agreement, you shall immediately return any Confidential Information in your possession to us and you further agree that you will protect the value of the Confidential Information and our inventions and will prevent their misappropriation or disclosure.  You will not disclose or use to your benefit (or the benefit of any third party) or to our detriment any Confidential Information.

    You agree that the provisions of this Section 11 shall survive the termination of this Consultant Agreement.  In the event that you breach or threaten to breach any of the provisions of this Section, we shall be entitled to injunctive relief, enjoining and restraining such breach or threat of breach. We shall also be entitled to immediate termination of our obligation to make any further payment under this Consultant Agreement and may seek any other damages or remedies available under the law, in equity or by statute.

  13. EQUITABLE RELIEF

    Notwithstanding the Arbitration provision contained in the Terms, you agree that it would be impossible or inadequate to measure and calculate our damages from any beach of the covenants set forth in Section 7 and 8 herein. You agree that if you breach either such section, we will have available, in addition to any other rights or remedy available, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and to specific performance of any such provision. You further agree that no bond or other security shall be required in obtaining such equitable relief and you hereby consent to the issuances of such injunction and to the order of such specific performance.

  14. ELECTRONIC SIGNATURE

    Your agreement to these Terms, including but not limited to this Consultant Agreement, may be made by electronic signature(s), including but not limited to acknowledging “I agree” via a checkbox on this website (“Electronic Signature”). Such Electronic Signature is the same as a handwritten signature for the purposes of validity, enforceability and admissibility.

  15. GENERAL PROVISIONS.

    The “Other General Provisions” section of the Terms of Use, as amended, shall apply to this Consultant Agreement.

EXHIBIT A

SAMPLE STATEMENT OF WORK

This Statement of Work (“SOW”) is entered into between [insert name of person / entity] and Educators Link Management, LLC, effective as of the date that you electronically sign this SOW. If you are accepting this SOW on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this SOW, in which case the words “you” and “your” as used in this SOW shall refer to such entity. By accepting this SOW, you also accept the then-current Terms available on our Website.

  1. Type of Service. You will provide the following [Professional Learning / Consulting Services] (“Consultant Engagement”)[select as applicable]:
    1. [Professional Learning Services]
      1. Type of Course: Virtual-Recorded, Virtual-Live, In Person-Live]
      2. Key Personnel Providing Consultant Service:
      3. Course Name:
      4. Description:
      5. Topic: [pick from ten topic areas]
      6. [if applicable] Location:
      7. [pick one] Date of Course / Date by Which Course Must be Recorded:
      8. [if applicable] Time of Course:
      9. Length of Instruction:
      10. Attendee Limit:
      11. Recording Permitted: [pick one] Yes/No
      12. NY CTLE Credit: [pick one] Yes/No
    2. [Consulting Services]
      1. Type of Consulting: [Consulting Concierge / Daily Consulting]
      2. Key Personnel Providing Consultant Service:
      3. Consulting Name:
      4. Description:
      5. Topic: [pick from ten topic areas]
      6. District Name:
      7. School Name:
      8. School Contact:
      9. Location of Consulting:
      10. Number of [Hourly Consulting Concierge/ Daily Consulting] Sessions:
      11. Date(s) of Consulting / Date Range of Consulting:
      12. Time of Consulting:
      13. Length of Instruction:
      14. Attendee Limit:
  2. Compensation & Expenses. [select as applicable].
    1. [For Professional Learning]
      1. Member Price. [only include if Proceeds are percentage of sales] A Member will be charged a purchase price of no less than [insert number] $[insert number] to purchase a single course pursuant to the Terms of Purchase, exclusive of any applicable taxes (“Member Price”).
      2. Your Compensation. [pick one]We will pay you [insert number] percent ([insert number]%) of the Member Price, minus any payment card processing charges and fees, and/or product sales / We will pay you one-time flat fee of [insert number] ($[insert number]) for this Consultant Engagement.
      3. Expenses. Pick one [Youwill be responsible for all expenses incurred in connection with this Consultant Engagement.] [Youwill be responsible for all expenses incurred in connection with this Consultant Engagement, however, you shall be reimbursed for reasonable transportation (coach class), mileage at the IRS reimbursement rate and lodging expenses incurred up to an amount previously approved in writing, upon submission or an expense report and verification of customary receipts and vouchers. Expense reports, receipts and vouchers must be submitted to within sixty days of incurring the expense to be eligible for reimbursement.]
    2. [For Consulting]
      1. Member Price. A Member will be charged [insert number] ($[insert number]) for Consulting, exclusive of any applicable taxes (“Member Price”).
      2. Your Compensation. We will pay you [insert number] for this Consultant Engagement.
      3. Expenses. Pick one [Youwill be responsible for all expenses incurred in connection with this Consultant Engagement.] [Youwill be responsible for all expenses incurred in connection with this Consultant Engagement, however, you shall be reimbursed for reasonable transportation (coach class), mileage at the IRS reimbursement rate and lodging expenses incurred up to an amount previously approved in writing, upon submission and verification of an expense report and customary receipts and vouchers. Expense reports, receipts and vouchers must be submitted to us within sixty days of incurring the expense to be eligible for reimbursement.]
  3. Payment Terms
    1. Calculation of Compensation. Your compensation will be calculated when your Professional Learning or Consulting is sold. Professional Learning or Consulting is deemed sold when
      1. We receive either:
        1. a signed district or school Purchase Order; or
        2. b. complete payment for Services purchased outside of the Purchase Order process; and
      2. You have completed the Consultant Engagement (collectively, “Sold”).
    2. Compensation Statements. Compensation Statements are calculated and uploaded to your Dashboard on a monthly basis, during the month immediately after Consultant Services are Sold.
    3. Payment Terms. Payment terms are net sixty (60) days after Consultant Services are Sold and/or after we receive of an expense report and customary receipts and vouchers.
    4. Payment Address. Payment shall be sent to you by ACH or by check to the address that we have on file for you.

ANTI-SEXUAL HARASSMENT POLICY

Effective: February 6, 2023


  1. WHAT IS THE PURPOSE OF THIS POLICY?

    Educators Link Management, LLC (“Company”, “we”, “us”, “our”) is committed to maintaining a workplace free from sexual harassment, which is a form of workplace discrimination. Sexual harassment, including sexual assault or sexual misconduct, is against the law and individuals have a legal right to a workplace free from sexual harassment. This Policy is one component of our commitment to a harassment and discrimination-free work environment.

  2. WHO DOES THIS POLICY APPLY TO?

    This Policy applies to all Company employees (whether permanent or temporary), contract workers (including their employees or sub-contractors), interns (whether paid or unpaid), and persons conducting business for The Educators Link (collectively, “Workers”).

  3. WHAT IS SEXUAL HARASSMENT?

    Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment.

    Harassment need not be severe or pervasive to be unlawful and can be any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

    • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
    • Such conduct is made either explicitly or implicitly a term or condition of employment; or
    • The recipient’s submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment or status as a Worker.

    A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.

    Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

  4. WHAT ARE SOME EXAMPLES OF SEXUAL HARASSMENT?

    The following are some examples of sexual harassment, and are strictly prohibited:

    • Physical acts of a sexual nature, such as:
      • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employee’s body; or
      • Rape, sexual battery, molestation or attempts to commit these assaults.
    • Unwanted sexual advances or propositions, such as:
      • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments; or
      • Subtle or obvious pressure for unwelcome sexual activities.
    • Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
    • Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
    • Sexual or discriminatory displays or publications anywhere in the workplace, such as:
      • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
    • Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
      • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
      • Sabotaging an individual’s work; or
      • Bullying, yelling, name-calling.
  5. WHO CAN BE A TARGET OF SEXUAL HARASSMENT AND WHERE CAN IT OCCUR?

    Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.

    Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while Workers are traveling for business or at Company-sponsored events or parties. Calls, texts, emails, and social media usage by Workers can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.

  6. PROHIBITED CONDUCT
    1. Zero Tolerance. Sexual harassment will not be tolerated. Any Worker covered by this Policy who engages in sexual harassment or retaliation, as defined below, or allow such behavior to continue, will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).
    2. Retaliation Prohibition. We will not tolerate retaliation against anyone who, in good faith, reports, provides information about or otherwise assists in an investigation regarding a suspected or an incident of sexual harassment. Any of our Workers who retaliate against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. Any Worker who believes they have been subject to such retaliation should inform a supervisor, manager, or contact us at [email protected] or 1 (888) EDLINK-1. All Workers who believe they have been a target of such retaliation may also seek relief in other available forums.

      Unlawful retaliation can be any action that could discourage a Worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours). Such retaliation is unlawful under federal, state, and (where applicable) local law. The law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has: (i) made a complaint of sexual harassment, either internally or with any anti-discrimination agency; (ii) testified or assisted in a proceeding involving sexual harassment under an anti-discrimination law; (iii) opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; (iv) reported that another Worker has been sexually harassed; or (v) encouraged a fellow Worker to report harassment. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.

  7. HOW DO I REPORT SUSPECTED SEXUAL HARASSMENT?

    Preventing sexual harassment is everyone’s responsibility. We cannot prevent or remedy sexual harassment unless we know about it. Any Worker who has been subjected to or witnesses behavior that may constitute sexual harassment is encouraged to report such behavior. Attached to this Policy, as Exhibit A, you will find a complaint form for Workers to report harassment and file complaints confidentially or anonymously. You may also report sexual harassment by emailing [email protected] or calling 1 (888) EDLINK-1.

    Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of in a verbal or written form, by emailing [email protected] or calling 1 (888) EDLINK-1.

    You are entitled to seek any external support services for sexual harassment, which includes but is not limited to contacting an attorney or seeking relief in alternative available forums.

  8. WHAT HAPPENS AFTER SUSPECTED SEXUAL HARASSMENT IS REPORTED?

    We will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. We will keep the investigation confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All Workers, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.

  9. WHAT IF THIS POLICY IS VIOLATED?

    Any violation of this Policy may result in disciplinary action in accordance with Applicable Law. This Policy is not, and is not to be construed as, a contract of employment between Educators Link Management, LLC or its Affiliates and any employee, third party or Worker.

    Any employee or third party, who is requested to undertake an activity which he or she believes is in violation of this Policy, must report his or her concerns as soon as possible by emailing [email protected] or calling 1 (888) EDLINK-1.

Exhibit A

Sexual Harassment Complaint Form
Educators Link Management, LLC

General Information

Your Name / Job Title:

Your Department / Manager:

Preferred Communication Method (if via e-mail or phone, please provide contact info):

Complaint Information

Please tell us who you believe has violated our policy against sexual harassment. What is their relationship to you (e.g.,1. manager, subordinate, co-worker, other):

Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.

Please provide specific date(s) the alleged sexual harassment occurred. Additionally, please advise if the alleged sexual harassment is continuing.<

Please list the name and contact information of any witnesses or individuals who may have information related to your complaint.

This last question is optional, but may help the investigation Have you previously complained or provided information (verbal or written) about related incidents? If yes, when and to whom did you complain or provide information?

If you have retained legal counsel and would like us to work with them, please provide their contact information.

Sign and date this form below. Or, the complaint may be submitted anonymously.

Signature: (optional)__________________________ Date: __________________________

Name (optional)______________________________