Terms of Use

Last Updated: October 3, 2023

Welcome to https://staarmaster.com and http://vibristlearning.com websites (the “ECS Websites”), websites owned and operated by Asteria Learning, Inc. d/b/a ECS Learning Systems (“ECS Learning”). These Terms of Use apply to your use of the ECS Websites, and only the ECS Websites.

The following Terms of Use for the ECS Websites is a legal contract between you (“you,” “You,” or, collectively, “Users”) and ECS Learning, regarding your use of the ECS Websites.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AN ACCOUNT WITH, ACCESSING, BROWSING, DOWNLOADING FROM OR USING ANY OF THE ECS WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE ECS WEBSITES.

  1. Eligibility. The ECS Websites are a resource for customers and potential customers. By registering for an account with the ECS Websites, you represent that you are at least 13 years of age and have not been previously suspended or removed from any ECS Learning web service.

  2. Privacy. We take the protection of your personal information seriously, which is why ECS Learning has adopted the following privacy policy, which can be found by clicking here: https://staarmaster.com/privacy-policy. ECS Learning’ Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to ECS Learning’ collection, use, and disclosure of your personal information.

  3. Individual Features and Services. When using any of the ECS Websites, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

  4. Modification of these Terms. ECS Learning reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of any of the ECS Websites after the posting of changes constitutes your binding acceptance of such changes.

  5. Ownership and License Grants. The ECS Websites are owned and operated by ECS Learning. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the ECS Websites provided by ECS Learning (the “Materials”) are protected by United States copyright, patent, trade secret, trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the ECS Websites are the property of ECS Learning and its third-party licensors. All trademarks, service marks, and trade names are proprietary to ECS Learning or its third-party licensors. Except as expressly authorized by ECS Learning, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ECS Learning reserves all rights not expressly granted in these Terms.

  6. Prohibited Conduct. The following behaviors are prohibited by ECS Learning. You hereby agree that you shall not:

    • rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Materials;
    • download or copy account information for the benefit of another merchant;
    • impersonate any person or entity, falsely claim an affiliation with any person or entity, access any ECS Websites accounts of others without permission, or perform any other similar fraudulent activity;
    • delete the copyright or other proprietary rights on any of the ECS Websites;
    • use any of the ECS Websites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
    • remove, circumvent, disable, damage, or otherwise interfere with security-related features of any of the ECS Websites, features that prevent or restrict use or copying of any content accessible through any of the ECS Websites, or features that enforce limitations on the use of any of the ECS Websites;
    • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any of the ECS Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    • modify, adapt, translate, or create derivative works based upon any of the ECS Websites or any part thereof;
    • intentionally interfere with or damage operation of any of the ECS Websites or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious codes;
    • use any robot, spider, scraper, or other automated means to access any of the ECS Websites for any purpose or bypass any measures ECS Learning may use to prevent or restrict access to any of the ECS Websites;
    • interfere with or disrupt any of the ECS Websites, servers, or networks connected to any of the ECS Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to any of the ECS Websites;
    • post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the ECS Learning experience;

ECS Learning reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or inappropriate use of any of the ECS Websites.

7. Account. When you use any of the ECS Websites to create an account and create quotes, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to ECS Learning on registration and at all other times will be true, accurate, current, and complete. If you give us your email address, ECS Learning may use it from time to time to notify you about new products or to confirm transactions. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify ECS Learning. All quotes generated by the ECS Websites are estimates based upon the information you provide and are not a contract or agreement to provide products or services.

8. Indemnification; Disclaimer; Limitation of Liability. You agree to indemnify, defend, and hold ECS Learning, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of any of the ECS Websites, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. ECS Learning reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ECS Learning, and you agree to cooperate with ECS Learning's defense of these claims. ECS Learning will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

THE ECS WEBSITES AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE ECS WEBSITES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ECS LEARNING DOES NOT WARRANT THAT ANY OF THE ECS WEBSITES WILL BE UNINTERRUPTED, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECS LEARNING, DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS.

UNDER NO CIRCUMSTANCES WILL ECS LEARNING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS,

LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS OR ANY OF THE ECS WEBSITES, EVEN IF ECS LEARNING OR A ECS LEARNING-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF ECS LEARNING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF ANY OF THE ECS WEBSITES OR YOUR INTERACTION WITH ANY ECS WEBSITES USERS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE EXCEED ONE THOUSAND US DOLLARS ($1,000).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITIES CONTAINED IN THESE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

9. Miscellaneous. The failure of ECS Learning to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for San Antonio, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. These Terms, and all rights and licenses granted hereunder, may be assigned by ECS Learning without restriction. You may not assign or transfer your ECS Learning account.