Terms of Service

Effective date: [INSERT DATE] Last updated: [INSERT DATE]

Agreement between you and WIN ELEMENTS LLC

These Terms of Service ("Terms") are an agreement between you and WIN ELEMENTS LLC ("WIN ELEMENTS," "we," "us," or "our"), the operator of Sleedu Professional Development (the "Service").

The Service trains teachers and school leaders to use available technologies — including third-party open-source learning management software and plugins hosted on Sleedu.com and its subdomains (the "Website") — to implement education-related strategies and resources that support students. WIN ELEMENTS LLC also operates a separate e-commerce website, winelements.com, hosted on separate servers; additional terms specific to that store appear in Section 13.

The Service is made available to you (the "User") with the permission of your local school, local school district, teacher, or other responsible education authority (the "Subscriber").

Please read these Terms carefully before using the Service.

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU CONSENT TO YOUR CHILD REGISTERING WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOUR CHILD'S USE OF THE WEBSITE.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.

THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTIONS AND JURY TRIALS, AND YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION (SEE SECTION 12).

These Terms are subject to change by us at our sole discretion at any time (see Section 16).

Definitions. The Service includes, without limitation, open-source learning management software and plugins hosted on our websites that provide teachers with learning-management tools such as online adaptive quizzes, discussion boards, gradebooks, and collaborative activities. We provide accounts that enable designated Users (usually teachers) to manage online learning courses for their students. "Teacher" means a User who accesses and manages courses and provides general support on behalf of an entity such as a local school or district. "Student" means a User enrolled in a course. "User" means any user of the Service, including Teachers and Students.

1. Accounts

THE SERVICE IS NOT AVAILABLE TO: (1) ANY USER PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE; OR (2) ANY PERSON UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY THE USER'S LEGAL PARENT OR GUARDIAN.

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU REPRESENT THAT: (1) YOU ARE AT LEAST 13 YEARS OF AGE, OR YOUR LEGAL PARENT OR GUARDIAN HAS CONSENTED TO YOUR USE OF THE WEBSITE; AND (2) YOUR USE OF THE WEBSITE COMPLIES WITH THESE TERMS AND ALL APPLICABLE RULES AND REGULATIONS.

1.1 Your account

To use certain features of the Website, you must register for an account with a username and password. Once you sign up, you are responsible for your account and any data associated with it, and for any activity that occurs on your account. You must keep your password secure.

You may not use as a username: the name of another person or entity without appropriate authorization; a name or trademark subject to the rights of another person or entity; or any name that is offensive, vulgar, or obscene. You may never use someone else's account without permission.

We recommend using strong passwords (a combination of letters, numbers, and symbols). If you believe your account has been used without authorization, you must contact us by email immediately. We are not liable for any losses or damages arising from unauthorized use of your account.

You agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (1) your violation of any provision, representation, or warranty in these Terms, and (2) authorized or unauthorized use of your account.

1.2 Child Users

If you are under 13 years of age (a "Child User"), you may not register an account without the consent of your legal parent or guardian. We collect limited personal information from users at account creation; see our Privacy Notice.

WHEN A CHILD USER'S LEGAL PARENT OR GUARDIAN CONSENTS TO THE CHILD USER'S USE OF THE WEBSITE, THAT PARENT OR GUARDIAN AGREES TO BE BOUND BY THESE TERMS ON BEHALF OF THE CHILD USER, INCLUDING WITHOUT LIMITATION BEING RESPONSIBLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A CHILD USER, TO HAVE PARENTAL OR GUARDIAN CONSENT, OR TO BE A TEACHER.

1.3 Teacher Users

We make certain features — including administrative tools for maintaining a course — available to certain Users (including teachers, educators, and representatives of districts or schools) to work with other Users to provide education-related services, for example: (1) creating assessments; (2) monitoring student progress and content; and (3) uploading content for students and other Users to access.

IF YOU ARE A TEACHER AND YOU REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED VERIFIABLE CONSENT FROM THE CHILD USER'S LEGAL PARENT OR GUARDIAN, AND YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF THE CHILD USER, INCLUDING RESPONSIBILITY FOR THE CHILD USER'S USE OF THE WEBSITE.

You agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your failure to obtain sufficient parental or legal-guardian consent; (2) use of the Website by a Child User you registered; and (3) your violation of applicable laws and regulations, including the Children's Online Privacy Protection Act (COPPA). For more information on COPPA, see www.ftc.gov/privacy.

2. Privacy Notice

Your privacy is important to us. Please read our Privacy Notice carefully for information about how we collect, use, and disclose your personal information.

2.1 Advertising

We use Google AdSense only on our e-commerce store (winelements.com), which is hosted on a separate server and website, to serve ads when you visit that site. Google may use aggregated information (not including your name, address, email address, or telephone number) about your visits to that and other websites to provide advertisements about goods and services of interest to you.

WE DO NOT USE ANY PERSONALLY IDENTIFIABLE INFORMATION IN STUDENT RECORDS TO ENGAGE IN TARGETED ADVERTISING. NO ADVERTISING IS SERVED ON SLEEDU.COM OR ITS SUBDOMAINS.

3. User Content

3.1 User Content

Our Service allows you to post, link, store, share, and otherwise make available information, text, graphics, videos, and other material (collectively, "User Content"). You are responsible for User Content you post on or through the Service, including its legality, reliability, and appropriateness.

We do not control User Content and have no obligation to monitor it. We do not guarantee confidentiality with respect to any User Content. We reserve the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation, or governmental request, and to edit or refuse to post content that we determine, in our sole discretion, is objectionable or violates these Terms.

By posting User Content on or through the Service, you represent and warrant that: (1) the content is yours or you have the right to use it and to grant us the rights and license provided in these Terms; and (2) posting your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing a copyright.

You retain all of your rights to any User Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content that you or any third party posts. However, by posting User Content, you grant us a right and license to use, modify, publicly perform, publicly display, reproduce, and distribute that content on and through the Service, including the right to make your content available to other Users of the Service, who may use it subject to these Terms.

Content found on or through the Service that is not User Content is the property of WIN ELEMENTS LLC or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such content, in whole or in part, for commercial purposes or personal gain without our express advance written permission.

3.2 De-identified information

We may use de-identified information to improve educational products for adaptive-learning purposes and to customize Users' learning experiences.

3.3 Feedback and testimonials

You may submit feedback or testimonials about the Service at your discretion. By posting, submitting, or distributing feedback or testimonials on or through the Website, you represent and warrant that you have all rights necessary to submit them, and you grant us a worldwide, non-exclusive, transferable, fully paid-up, royalty-free, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute that content, in whole or in part, in any media format and through any media channel.

4. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to claims that content posted on the Service infringes the copyright or other intellectual-property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe a copyrighted work has been copied in a way that constitutes infringement, please submit your claim by email to hello@winelements.com with the subject line "Copyright Infringement," including a detailed description of the alleged infringement as described below.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims of infringement.

4.1 DMCA notice and procedure for copyright infringement claims

You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work you claim has been infringed, including the URL of the location where the copyrighted work exists, or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the allegedly infringing material is located;
  • your address, telephone number, and email address;
  • a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact our Copyright Agent by email at hello@winelements.com.

5. Prohibited Conduct

By using the Website, you agree NOT to:

  1. post, upload, or distribute any User Content or other content that is unlawful, or that a reasonable person could deem objectionable, offensive, racially or ethnically offensive, libelous, indecent, pornographic, harassing, threatening, embarrassing, distressing, or otherwise inappropriate;
  2. upload invalid data, viruses, worms, or other software agents through the Website;
  3. make unsolicited offers, advertisements, or proposals, or send junk mail or spam, to other Users;
  4. impersonate any person or entity.

6. Interactions with Other Users

6.1 No confidentiality

Part of the Service provides Users with tools to collaborate and communicate with other Users (for example, forums, workshops, and feedback). When you publish content on the Website or communicate with other Users, you acknowledge that your communications and any other user-generated content may be viewed by other Users. Always use caution when giving out personally identifying information about yourself. You are solely responsible for your interactions with other Users, and you agree that we will not be responsible for any liabilities, damages, or losses resulting from such interactions.

6.2 No obligation to pre-screen content

Certain features of the Service permit Users to publish content. We are not obligated to review, monitor, or pre-screen any content (including your content and other Users' content). However, we reserve the right, in our sole discretion, to pre-screen, refuse, or remove any content that (1) violates any law or regulation, (2) violates these Terms, or (3) otherwise creates liability for us. You agree that you are solely responsible for the content you publish through the Service.

7. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and we do not warrant their offerings.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any content, goods, or services available on or through any third-party website or service. We strongly advise you to read the terms and privacy policies of any third-party website or service you visit.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason, including without limitation a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service, or contact us to request account deletion.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless WIN ELEMENTS LLC and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) resulting from or arising out of: (a) your use of and access to the Service, by you or by any person using your account and password; (b) your breach of these Terms; or (c) content you post on the Service.

10. Limitation of Liability

IN NO EVENT SHALL WIN ELEMENTS LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

WIN ELEMENTS LLC, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

12. Arbitration Agreement

This Arbitration Agreement is part of your contract with WIN ELEMENTS LLC and affects your rights. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

12.1 Any claims, disputes, or conflicts in connection with these Terms or the use of any product or service provided by WIN ELEMENTS LLC that cannot be resolved informally shall be resolved by binding arbitration.

12.2 BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. All claims and disputes will instead be resolved by arbitration under this Arbitration Agreement.

12.3 Notice requirement. Before either party may initiate arbitration, that party must send written notice of its intention to the other party. Notice to WIN ELEMENTS LLC should be emailed to hello@winelements.com and mailed to:

Attn: Arbitration California Registered Agent Inc 1267 Willis Street STE 200 Redding, CA 96001 Tel: (530) 232-5985 agent@californiaregisteredagents.net

12.4 Remedies. Any remedy awarded in arbitration is subject to the disclaimers and limitations of liability set forth in Sections 10 and 11 of these Terms.

12.5 Time limitation. Any arbitration must be initiated and filed within the time limit established by the applicable statute of limitations for the underlying claim.

12.6 Confidentiality. All aspects of the arbitration proceedings shall be confidential unless disclosure is otherwise required by law.

13. E-Commerce / Online Store Terms (winelements.com only)

To protect students' and teachers' privacy, we dedicate specific websites to educational purposes and operate a separate server and website for commercial purposes. Maintaining separate servers for these purposes is an important part of our commitment to protecting student privacy. The terms in this Section 13 apply only to winelements.com.

13.1 Subscriptions and payment

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission.

  1. Payment. Credit-card information is always encrypted during transfer over networks and is processed by PayPal or Stripe.
  2. Pre-paid subscriptions. A subscription purchased for a pre-paid period terminates at the end of that period.
  3. Cancellation by you. If you purchased a recurring subscription, you may end it at any time. Your subscription will not renew on the next auto-renewal date, and you may continue to use its benefits until that date, after which your account will be downgraded.
  4. Cancellation by us. We may cancel your subscription at any time, for any reason, with or without prior notice.
  5. Refunds. Except where required by law, subscription purchases are non-refundable.
  6. Price changes. We may change subscription prices from time to time and will communicate changes to you in advance. If you do not agree with a price change, you may unsubscribe before it takes effect.
  7. Digital goods. Because digital and downloadable products (including lessons, quizzes, videos, and PDFs) cannot be returned, all sales of such products are final and non-refundable, except in these circumstances: (a) a damaged file; (b) misrepresentation of the actual product; or (c) duplicate purchase.
  8. Customized products. Because of the nature of customized items, we cannot accept returns of customized products unless they arrive damaged or defective.
  9. Condition of returns. Buyers are responsible for return shipping costs. If an item is not returned in its original condition, the buyer is responsible for any loss in value.

13.2 Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on material on this site is at your own risk.

This site may contain historical information, which is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to the site.

13.3 Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the store service (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

13.4 Products or services

Certain products or services may be available exclusively online through the website, may have limited quantities, and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your monitor's display of any color will be accurate.

We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, on a case-by-case basis; to limit the quantities of any product or service; and to discontinue any product at any time. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

13.5 Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order — including orders placed by or under the same customer account, credit card, or billing/shipping address. If we change or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update your account information — including email address, credit-card numbers, and expiration dates — so we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

13.6 Optional tools

We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of optional tools is entirely at your own risk, and you should ensure you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the website in the future.

13.7 Third-party links

Certain content, products, and services available via our store may include materials from third parties. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability for third-party materials, websites, products, or services. We are not liable for any harm or damages related to transactions made in connection with third-party websites. Please review the third party's policies and practices carefully before engaging in any transaction, and direct complaints or questions about third-party products to the third party.

13.8 User comments, feedback, and other submissions

If, at our request, you send specific submissions (for example, contest entries), or if without a request you send creative ideas, suggestions, proposals, plans, or other materials — online, by email, by postal mail, or otherwise (collectively, "Comments") — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. We are under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for your Comments and their accuracy; we take no responsibility and assume no liability for Comments posted by you or any third party.

13.9 Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

13.10 Errors, inaccuracies, and omissions

Occasionally, information on our site or in the store service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted an order).

We undertake no obligation to update, amend, or clarify information in the service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

13.11 Prohibited uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

13.12 Disclaimer of warranties; limitation of liability

We do not guarantee, represent, or warrant that your use of our store service will be uninterrupted, timely, secure, or error-free, or that results obtained from use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through it are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL WIN ELEMENTS LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.13 Indemnification

You agree to indemnify, defend, and hold harmless WIN ELEMENTS LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service.

14. System Updates

Because we want to limit possible disruption of our Service during the school calendar, we reserve the right to update our websites at any time at our discretion.

15. Opt-Out

If you are a User, or the parent or guardian of a User, and you cease to agree with these Terms or our Privacy Notice at any point in the future, you may opt out by contacting hello@winelements.com.

16. Modification of the Terms

We reserve the right, at our sole discretion, to modify, change, add, or remove portions of these Terms at any time. What constitutes a material change will be determined at our sole discretion. Please check these Terms periodically for changes. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

We will make reasonable efforts to provide notice of amended Terms, such as by posting a notice on the Website or by emailing the address associated with your account.

17. Force Majeure

Neither the User nor WIN ELEMENTS LLC shall be considered in default or liable for any failure or delay in performing any provision of these Terms to the extent that such failure or delay is caused by any reason beyond its control, including any act of God, fire, explosion, hostilities or war (declared or undeclared), strike or work stoppage involving either party's employees, or governmental restrictions — provided that the party declaring force majeure gives prompt written notice to the other party of the commencement, nature, and termination of the force-majeure condition. The party whose performance is interrupted shall use every reasonable means to resume full performance as promptly as possible.

18. Intellectual Property Disclaimer

Sleedu.com and its subdomains use open-source software and plugins. WIN ELEMENTS LLC does not claim ownership of any intellectual property in such open-source software and plugins, which remain governed by their respective open-source licenses.

19. Contact Us

If you have any questions about these Terms, please contact us at hello@winelements.com.

If you are unable to reach us, you may contact our Registered Agent:

California Registered Agent Inc 1267 Willis Street STE 200 Redding, CA 96001 Tel: (530) 232-5985 http://www.californiaregisteredagents.net agent@californiaregisteredagents.net

 

Last modified: Tuesday, 21 July 2026, 3:46 PM