Terms & Conditions

“ERI” refers to Education Rocks Inc.

“Exclusivity” refers to the people or entities who have rights granted under the leased Document(s).  Complete exclusivity is reserved only for those individuals or entities that have completed the Lease/Licence Agreement ERI and have purchased a leased Document(s) and are therefore bound to the Terms of Use.  The Lessee’s current and future students have NOT completed the License/Lease Agreement.  

“FAQs” refers to frequently asked questions found here FAQ.  

“Governing Laws” refers to the jurisdiction that will handle a potential dispute. The jurisdiction that will govern a potential dispute between the Lessor and Lessee is The Court of King’s Bench of Alberta located in Red Deer, Alberta.

“How to Contact Us” refers to communicating with ERI.  You can reach us by emailing hello@educationrocks.ca  

“How to Purchase and Manage a Leased Document(s)” refers to “terms of service” found in

How to Purchase and Manage a Leased Document(s)

“Indemnity” refers to your agreement to indemnify, defend, and hold harmless ERI, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our original and leased copy(s) Document(s), including but not limited to any breach of these Terms, violation of any federal, provincial, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

“Infringement & Indemnification” refers to the Copyright & Trademark Policies of ERI. At Education Rocks Inc., we respect the intellectual property rights of others, and we ask that our users do the same. The following is ERI’s intellectual property infringement policy in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. When we receive a valid infringement notice from a person and/or legal entity, such as your school division, we will close your account, remove you as editor from any/all leased documents and take further legal action.  You will be solely responsible for all legal costs associated with this legal action.

“Intellectual Property & Security” refers to Intellectual Property & Security 

“Lessee” refers to any person or entity that completes our Lease/Licence Agreement ERI and purchases a leased document(s) from the owner of Education Rocks Inc K-6 Learning Activities according to the following:

A. Eligibility: To lease a document, you’ll be asked to complete the Lease/Licence Agreement ERI and provide your email address. As a Lessee, you will be able to access and edit any/all leased ERI documents for single classroom use.  You will be able to digitally and non digitally “share” any/all leased ERI documents for single classroom use with your current school year’s students. If your Account has been closed by ERI, you are no longer eligible to lease documents from ERI.

B. Leasing Fees: Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases from ERI. When you purchase from ERI, you will be charged (in CDN Dollars) the list price for each item as well as applicable province and local sales taxes, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you’ve provide is accurate. Lessees may, at any time, and after paying any applicable fees, purchase any/all ERI K-6 Student Learning Activities. Fees include fees charged per leased document purchased (“Transaction Fees”). We may, in our discretion, make changes to the K-6 Learning Activities we offer.

D. Relationship: These Terms are the entire agreement between you and ERI, and they govern your relationship with ERI. Becoming a Lessee of our Products does not create an agency, employment, or partnership relationship between you and ERI. ERI is not the employer of, and does not act as an agent for, any Lessee.  

E. Document(s) Restriction: Restriction by ERI:  We may, in our discretion, restrict, or suspend the Document(s) of any Lessee at any time for any reason, with or without notice. Effect of Document(s) Restriction/Suspension:  After your document(s) is restricted/suspended, you’ll no longer have access to it.  Discontinue Services:  We may change, restrict/suspend, or discontinue offering your lease(s) at any time. Any restriction, suspension or discontinuation in your lease(s) may mean that your leased document(s) may not be available to you or to other Users. We are not liable to you for any impact a change, restriction, suspension, or discontinuation of your lease(s) may have, including the loss of access to any digital/non digital documents that you’ve purchased.

“Lease Agreement” refers to the consent of the lessee to the following terms of this  Lease/Licence Agreement ERI.

“Lease Term” refers to the lifetime of the person who has purchased/leased the document(s).  Purchased/leased documents(s) are non transferrable during the lease term and/or upon retirement or death.  The lease term will expire in 25 years from the date of purchase.

“Leased Documents” refers to permissions granted to Lessees (see How to Purchase and Manage a Leased Document(s)).

“Lessee” refers to you.

“Lessor” refers to Education Rocks Inc. K-6 Learning Activities.

“License/Lease Agreement” refers to Lease/Licence Agreement ERI.  

“Limitation of Liability & Warranty Disclaimer” refers to ERI Disclaimer 

“Non Disclosure Provision” refers to the Non Disclosure Agreement ERI 

“Other Terms” refers to the following Other Terms ERI 

“Owner” refers to Education Rocks Inc. K-6 Learning Activities hello@educationrocks.ca Alberta Registration Number TN23647175 Business Number 785376104 Incorporation Number 2024144491 as the sole owner of any/all original and/or any/all edited/unedited leased digital/non digital Education Rocks Inc. K-6 Learning Activities Document(s). 

“Permission(s)” refers to “sharing” and “permitted recipients” and “editor–restricted and/or unrestricted” terms and definitions contained in this document.

“Permitted Recipients” refers to “User(s)” refers to the lessee(s), the owner and “permitted recipients.”  Permitted recipients include the lessee and his/her current school year students in a single classroom or single homeschool.

“Privacy Policy” refers to the privacy and security of your data.  The privacy and security of your data and the personally identifiable information you give us is important to us. Our Privacy Policy explains the data we collect from you and how we use it. By purchasing a leased/licenced ERI Document(s) you agree that we may use such data in accordance with our Privacy Policy.

“Purchase(s) Terms & Refunds” refers to Purchase(s) Terms & Refunds. 

“Rights & Considerations” refers to the following:

“Rights” refers to the rights being transferred to the lessee.

You are permitted to:

1. Alter the document to suit his/her teaching needs but must 

maintain the original visibility and placement of the personalized (order #, lessee first and last name and email, Education Rocks Inc.) watermark and Education Rocks logo.  

2. Print the leased document(s) for single classroom or single homeschool use 

only.  

3. Change the choice of language of the learning activities 

to suit your current classroom or homeschool needs (eg: French Immersion).

“Considerations” refers to the prohibited actions enforced on the lessee.

You are prohibited from:

1. Making any digital copies of the leased/licenced document(s) other than the 

September upload to Hapara/Google Drive for students in a single classroom or single homeschool only. (see How to Purchase and Manage a Leased Document(s))

2. Make any/all unauthorized copies of each leased document(s). 

3. Share, download (any/all formats), utilize copy/paste functions 

and/or screenshot any/all portion(s) of any/all leased document(s).

“Services” refers to the purchase(s)/lease(s) of any/all ERI Document(s) and any/all digital communications between the lessor and lessee. (see disclaimer). 

“Share, Shared, Sharing” refers to creating a “copy” for each current year student on his/her single classroom/homeschool google drive.  Lessees are prohibited from any/all other forms of sharing of any/all leased documents. Whole class “Sharing” is limited to once a year, scheduled in the month of the original purchase with the exception of an additional request to “share” when a new student enters your classroom for the current school year.  Requests to “share” MUST include your order number in the subject line/message, otherwise the request(s) will be declined (see example below). A request to “share” will be responded to as soon as possible and will maintain a 2 hour expiration date Monday-Friday and expiration time within the hours of 7:00am-7:00pm MST. As such, please only make a request to “share” on a day/time that you are able to utilize this feature within the 2 hour time frame. Lessees are limited to 5 share requests per school year per leased document. When the “sharing” session expires, the lessee’s document(s) revert(s) to restricted editor access.

“Survival of Terms” refers to the following provisions survive if you cease using our Document(s) and/or your Account is closed by you or by ERI for any reason:

1. Rules for Purchasing and Using Document(s).  After your Account is closed, you have to follow the licensing rules (Terms of Use) about how you can use the Document(s) you’ve purchased/leased and who you can share them with, our Refund Policy.

2. Privacy Policy. The terms of our Privacy Policy continue to apply, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights.

3. Disputes with ERI.  Any legal action that might arise between you and ERI related to your use of ERI is governed by the provisions of these Terms.

4. Warranty Disclaimer, Limitation of Liability, and Indemnity: ERI’s warranty disclaimer (ERI Disclaimer) remains in effect, you can’t hold ERI liable for losses or damages due to your use of ERI, and you still have to defend ERI against legal action arising from your use of the Document(s). 

“Term” refers to the duration of time the “user(s)” has access to any/all leased document(s).  The term is 25 years, from the date of purchase, for an individual or entity who becomes a Lessee.

“Terms of Use” refers to Terms of Use  

“Terms of Service” refers to How to Purchase and Manage a Leased Document(s

“Territory” refers to where the lessee may use the licence.  The Lessee(s) of any/all ERI leased Document(s) may use the digital and nondigital forms of these Document(s) in a single classroom or single homeschool by both students and teacher for the current year’s instructional and/or assessment purposes.

“Trademark” refers to ERI’s Trademark registered as the Canadian Trademark Education Rocks No. 2,152,341 filed December 8, 2021.  All ELAL and Math cover pages, logo(s) and company name(s) are protected by this trademark.

“User(s)” refers to the “lessee(s)”, the owner (“lessor”) and “permitted recipients.”

Education Rocks Inc. Disclaimer

Limitation of Liability & Warranty Disclaimer. ERI works diligently to ensure that our Services are always available and working properly, but technical difficulties do occur at times.  We cannot guarantee that any or all features or services will always be available.  We may update or change available functionality at any time.  We make no guarantees respecting the findability or searchability of any Learning Activity offered though our Services.

You agree that the services are provided on an “as is” and “as available” basis. ERI (including its employees, officers, directors, agents and affiliates) disclaims any warranty of any kind, express or implied, with respect to your use of the services. We make no guarantees respecting the availability of the services, the security of the services at any particular time or from any particular location, the correction of any defects or errors, existence of any viruses or other harmful materials, or any other guarantees.

You agree that ERI (including its employees, officers, directors, agents and affiliates) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for goodwill, reputation, use, data, or other intangible losses, resulting from: (I) the access to, use, or the inability to access or use the service; (II) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or leased or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service.

Third Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by ERI. When you access third party websites, you do so at your own risk. ERI cannot and does not make any representations or warranties about other websites or services.

Third Party Services. The Services may permit you to link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further 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 such content, goods or services available on or through any such Third Party Service.

Document(s) Licensing Policy

A. IN GENERAL License. 

ERI owns and maintains the intellectual property rights of any/all its digital and non digital K-6 Learning Activities Document(s). ERI grants individual lessees a limited license to use such purchased Document(s) in accordance with the terms of this Document(s) Licensing Policy.  Lease/Licence Agreement ERI

All digital and non digital purchased Document(s) can only be used in accordance with this license.

Your use of any Document is subject to this Document Licensing Policy and terms (other terms) set forth in this Policy. You agree to comply with the terms of this Document Licensing Policy as well as any additional terms the Owner provides in the shared document, to the extent that such terms do not conflict with the terms (other terms) and this Policy . In the event of any conflict between this Document Licensing Policy and the Owner’s terms, this Document Licensing Policy will govern. 

B. INDIVIDUAL LICENSE: 

An Individual License is a license that may only be leased to a single specific individual user (“Lessee”) (e.g. one specific teacher) for her or his lifetime for that Lessee’s use. Individual Licenses are non-transferable and may not be used by or reallocated to a different person and/or legal entity (for example, a teacher who purchases an Individual License can use such Document(s), in accordance with this section, for her or his lifetime but cannot transfer use of such Document(s) to another teacher after her or his retirement).  

Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with an Individual License, the Owner grants to the purchasing Lessee, for his/her sole use, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Document(s) for the purposes and under the conditions described below. The Owner may grant additional rights at their discretion.

When you purchase an Individual License, the Owner permits you:

• Use of the Document(s) to him/herself. The license cannot be used by any other individual. You may not reallocate an Individual License from one Lessee to another or share the Document(s) with additional users.

As an Lessee of an Individual License, the Owner permits you to:

• Use the Document(s) for personal, educational, and instructional use only (“Personal Use”). This means you can use Document(s) for your own personal purposes, for your individual study, and to teach your students.

• Print as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced.

• Deliver Resources electronically as needed by using features available through the Services or by other secure means that enable access to the Document(s) by only your students (and as needed, their parent/caregiver) (“Permitted Recipients”). You may not upload Resources to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than Permitted Recipients.

Unless otherwise expressly permitted by the Owner:

• You may not use the Document(s), in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. 

• Except as permitted above to deliver Document(s) electronically to Permitted Recipients, you may not post or otherwise make the Document(s) available on any website, application, shared drive or other sites or services.

• You may not share, send, sell, sublicense, or transfer the Document(s) to someone else for their own Personal Use. Each Individual License is for use by one specific educator only. 

C. LIMITATION ON ACCESS

It’s your responsibility to maintain and store your personalized leased editor copy of each Document(s) in your google drive to ensure access.

3rd party digital and video hyperlinks embedded in the Document(s) may become inaccessible due to unforeseen circumstances of the owner and editor’s of these Document(s).

Education Rocks Inc. K-6 Learning Activities Lease/License Agreement Mandatory form to be completed with lease(s) ("purchases") of Education Rocks Inc. K-6 Learning Activities documents. 

* Indicates required question 

1. Email * 

2. First and Last Name  * 

3. Grade Level(s) & Subjects Planning to Purchase *

Grade K ELAL 

Grade K Math 

Grade 1 ELAL 

Grade 1 Math 

Grade 2 ELAL 

Grade 2 Math 

Grade 3 ELAL 

Grade 3 Math 

Grade 4 ELAL 

Grade 4 Math 

Grade 5 ELAL 

Grade 5 Math 

Grade 6 ELAL 

Grade 6 Math 

4. I consent to hello@educationrocks.ca as the sole owner of any/all leased/licensed Education Rocks Inc. K-6 Learning Activities documents. *

5. I understand that this copyright/user agreement is inclusive of myself and my * school division as to my sole usage of any/all leased/licensed Education Rocks Inc K-6 Learning Activities in a single classroom or single homeschool.  *Teachers please select your school division. *Homeschool instructors please identify your school division based on your primary residence and/or affiliation. 

Almadina School Society 

Aspen View School Division 

Aurora Academic Charter School Limited 

Battle River School Division 

Black Gold School Division 

Boyle Street Education Centre 

Buffalo Trail School Division 

Calgary Roman Catholic Separate School Division 

Calgary School Division 

Canadian Rockies School Division 

Chinook’s Edge School Division 

Christ The Redeemer Catholic Separate School Division 

Clear Water Academy Foundation 

Clearview School Division 

Conseil Scolaire Centre-Est 

Conseil Scolaire Centre-Nord 

Conseil Scolaire du Nord-Ouest 

Conseil Scolaire FrancoSud 

East Central Alberta Catholic Separate School Division 

Edmonton Catholic Separate School Division 

Edmonton School Division 

Elk Island Catholic Separate School Division 

Elk Island School Division 

Evergreen Catholic Separate School Division 

Foothills School Division 

Fort McMurray Roman Catholic Separate School Division 

Fort McMurray School Division 

Fort Vermilion School Division 

Golden Hills School Division 

Grande Prairie Roman Catholic Separate School Division Grande Prairie School Division 

Grande Yellowhead School Division 

Grasslands School Division 

Greater St Albert Roman Catholic Separate School Division High Prairie School Division 

Holy Family Catholic Separate School Division 

Holy Spirit Roman Catholic Separate School Division Horizon School Division 

Lakeland Roman Catholic Separate School Division Lethbridge School Division 

Living Waters Catholic Separate School Division Livingstone Range School Division 

Medicine Hat Roman Catholic Separate School Division Medicine Hat School Division 

New Horizons Charter School Society 

Northern Gateway School Division 

Northern Lights School Division 

Northland School Division 

Palliser School Division 

Parkland School Division 

Peace River School Division 

Peace Wapiti School Division 

Pembina Hills School Division 

Prairie Land School Division 

Red Deer Catholic Separate School Division 

Red Deer School Division 

Rocky View School Division 

St Albert School Division 

St Paul Education School Division 

St Thomas Aquinas Roman Catholic Separate School Division Sturgeon School Division 

Valhalla School Foundation 

Westwind School Division 

Wetaskiwin School Division 

Wild Rose School Division 

Wolf Creek School Division

6. I understand that I am strictly prohibited from making/using any unauthorized  *

digital/non digital copies and/or screenshots, and/or copy/paste functions and equally prohibited from digitally/non digitally sharing this document with any other person(s) in accordance with the copyright and terms of use in the lease/license(s) of my purchase(s) from Education Rocks Inc. K-6 Learning Activities. (Definitions & Terms ERI) 

7. I understand that my purchased document(s) information (document asset tags) *

are accessible to the intellectual property lawyer of Education Rocks Inc. K-6 Student Learning Activities, Digital Millennium Copyright Act application(s), Google’s copyright infringement application(s), as well as my actual and/or affiliated school division's technology department.  I understand that copyright infringement searches will be requested and performed by any/all aforementioned parties at any given time.  Any/all unauthorized duplicate document asset tags are a violation/breach of this lease/license agreement and considered copyright and intellectual property infringement (ERI’s intellectual property infringement policy). Any/all unlawful acts will be prosecuted to the maximum extent possible. 

8. I understand that completing this form creates a legally binding contractual *

agreement between myself and Education Rocks Inc. K-6 Learning Activities. 

How to Purchase a Leased Document from Education Rocks Inc.

1. Viewer Restricted Status: Lessees will have the choice of Grades K-6 English Language Arts & Literature and Math Student Learning Activities.  When you purchase an ERI licensed document, you will receive immediate access to a copy of the licensed google slide document(s) in a user format that is interactive  with 1st (ERI’s own creations) and 3rd party audio/video hyperlinks),locked, restricted viewer for single classroom group instruction/assessment.  This format does not permit edits, printing, copying and/or sharing. This format allows the “user(s)” use of the Document(s) as a single copy for a single classroom or homeschool situation.

2. Editor Restricted Status: Within 5 business days, lessees will receive a personalized copy of the licensed google slide document(s) in a user format of: single classroom group instruction/assessment (file format is interactive, unlocked, restricted editor = editable, printable, permissions.  This places the purchaser as editor of the leased document and maintains Education Rocks Inc. (hello@educationrocks.ca) as the sole owner of the document(s). This document(s) will be unshareable.  The following are ERI’s document(s) permissions:

You are permitted to:

1. Alter the document to suit his/her teaching needs but must 

maintain the personalized (order #, lessee first and last name and email, Education Rocks Inc.) watermark and Education Rocks logo.  

2. Print the leased document(s) for single classroom use only.  

3. Change the choice of language of the student learning activities 

to suit your current classroom needs (eg: French Immersion).

You are prohibited from:

1. Make any digital copies of the leased document(s) other than the 

September upload to Hapara/Google Drive for students in a single classroom only. 

2. Make any/all unauthorized copies of each leased document(s). 

3. Share, download (any/all formats), utilize copy/paste functions 

and/or screenshot any/all portion(s) of any/all leased document(s).

3. Sharing requests:  In accordance with ERI’s Definitions & Terms of Use, a scheduled timed window (expiration date/time) can be requested during the month of the original purchase for teachers/instructors to share with current year students in a single classroom or single homeschool onto their respective Google Drives/Hapara/Google Classroom. A Lessee’s Document(s) will update to an unrestricted editor permissions format with an expiration date and time to return to a restricted editor format.  During the unrestricted editor permissions format window of time, the lessee will have access to digitally share only with your current year’s students in a single classroom or single homeschool–see Copyright & Trademark clauses for further information on restricted editor usage. Non digital copies of any/all leased document(s) can only be shared with your current year’s students in a single classroom or single homeschool. 

Any other time during the year a lessee needs to have sharing access (such as a new student joins the class), the lessee will make such a request (see below) of the lessor and a schedule (with expiration date/time) will be agreed upon between the two parties via the leased Document(s), email and google calendar.  Lessees are limited to 5 share requests per school year per leased document.

Definitions & Terms of Use

“Share, Shared, Sharing” refers to creating a “copy” for each current year student on his/her single classroom/homeschool google drive.  Lessees are prohibited from any/all other forms of sharing of any/all leased documents. Whole class “Sharing” is limited to once a year, scheduled in the month of the original purchase, with the exception of an additional request to “share” when a new student enters your classroom for the current school year.  Requests to “share” MUST include your order number in the subject line/message, otherwise the request(s) will be declined (see example below). A request to “share” will be responded to as soon as possible and will maintain a 2 hour expiration date Monday-Friday and expiration time within the hours of 7:00am-7:00pm MST. As such, please only make a request to “share” on a day/time that you are able to utilize this feature within the 2 hour time frame. Lessees are limited to 5 share requests per school year per leased document. When the “sharing” session expires, the lessee’s document(s) revert(s) to restricted editor access.

Intellectual Property & Security ERI

“Intellectual Property & Security” refers to

1. The Document(s) and the Site Content: All aspects of the Site and the Apps you find on our website are owned and/or controlled by Education Rocks Inc. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights. You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.

2. Lessee Permissions: We grant Digital Users the following additional rights with respect to leased Digital Document(s) notwithstanding anything to the contrary elsewhere in the Terms: Digital Users may customize (“Digitize”) leased Digital Document(s) using functionality, as available, through Digital Services such as, but not limited to, selecting, combining and rearranging pages from leased Digital Document(s), adding layered content on top of leased Digital Document(s), that does not reduce the visibility of the personalized watermark and ERI logo, such as layered text or overwriting, interactive elements, layered images, drawings, video or audio files, and creating and appending answer keys to enable grading. Customized elements of lead Digital Document(s), as described in this subparagraph, are digitized content (“Digitized Content”).  Digitizing does not permit a Digital User to extract the underlying content within the individual pages of the original Resource. Digital Users may use leased Digital Document(s) and Digitized Content for Personal Use in accordance with available Digital Services functionality and integrations, including to share or assign leased Digital Document(s) and/or Digitized Content to enable student access and use. Digital Document(s) (and Digitized Content to the extent Digitized by the Owner) remain the intellectual property of the Owner. 

3. Effect of Account Closure or Document(s) Deactivation:  If you or ERI closes, suspends, or otherwise limits your Account or access to the Document(s), ERI will continue to store your Document(s), including any Digital Document(s) as applicable, on our servers.

4. Intellectual Property Violations: We respect the intellectual property rights of others 

and expect the same from all of our Lessee(s). No Lesse may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of ERI.  It's our policy to close the Accounts of Lessee(s) who repeatedly or egregiously violate this policy. We comply with the Digital Millennium Copyright Act (DMCA) and other laws governing the use of intellectual property. Our Copyright & Trademark explains our policy for “Infringement & Indemnification.” The Copyright Act & Trademarks Act is incorporated as part of these Terms. 

Non Disclosure Agreement of ERI

Identification of Parties:  The “parties to the agreement” include the owner, lessee(s) and the owner’s intellectual property lawyer.  The disclosing party is  the “Owner” Education Rocks Inc. K-6 Student Learning Activities hello@educationrocks.ca Alberta Registration Number TN23647175 Business Number 785376104 Incorporation Number 2024144491 as the sole owner of any/all original and/or leased digital/non digital unedited/edited Education Rocks Inc. K-6 Learning Activities Document(s).  The recipient(s) are the“User(s)” as the lessee(s) and his/her “permitted recipients.” (see ERI Definitions & Terms).  The legal party is ERI’s Intellectual Property Lawyer Sander Gesling 403-343-3320 sgelsing@warrensinclair.com 

Definitions: ERI Definitions & Terms 

Obligations: Terms of Use 

Scope: any/all original and/or licensed/leased and/or edited (digital and/or manual) Document(s) of Education Rocks Inc K-6 Learning Activities.  The scope also includes the Copyright of any/all Intellectual Property(s) of Education Rocks Inc. K-6 Student Learning Activities for ELAL and Math no. 1207824 filed November 15, 2023 and the Trademark Policy that refers to Canadian Trademark Education Rocks No. 2,152,341 filed December 8, 2021.

Time Frame: the “permitted recipients” of any/all purchased/leased ERI Documents(s) is limited to the “lease term” (see ERI Definitions & Terms) of each lessee.

Return of Information: is the “Assignment of Rights” refers to if the licensor declares bankruptcy.  In such an event, ERI will reject its executory contracts and any/all non-debor lessees of IP cannot opt to retain its rights to the intellectual property.

Exclusions: see return of information above.

Remedies: see statement 7  in the Lease/Licence Agreement ERI, “dispute resolution” in ERI Definitions & Terms and “other terms” in Other Terms ERI. 

“Other Terms” refers to the following:

A. Disputes with ERI: 

1. In the case of a dispute between you and ERI arising out of these Terms of Use (ERI Definitions & Terms) or your use of our Document(s), the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

2. Binding Arbitration.  You and ERI agree that any dispute arising out of or relating to these Terms or your use of our Document(s) will be settled through binding arbitration, conducted by the Canadian Arbitration Association (CAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the CAA rules. To the extent permitted under CAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND ERI EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.

3. Disputes will be settled on an individual basis. YOU AND ERI EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.  Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Alberta to protect the party’s intellectual property rights pending completion of the arbitration. 

4. Governing Law.  These Terms are governed by the laws of the province of Alberta, and the laws of  Canada without regard to principles of conflict of law, and regardless of where you are located in the world.

5. Venue.  ERI is located in Alberta, with our headquarters in Lacombe. Any dispute subject to Binding Arbitration will take place in Red Deer, Alberta. For any other judicial action that may arise between you and ERI, or for which our Binding Arbitration clause is found not to apply, both you and ERI agree to submit to the venue and personal jurisdiction of The Court of King’s Bench of Alberta located in Red Deer, Alberta.

B. No Waiver: 

Any failure by ERI to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches. 

C. Severability:

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable shall be deemed severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.

D. Government Agencies & Public Entities:

If you are a federal, provincial, or local government or government agency in Canada and are using ERI in your official capacity, the following amendments to these Terms apply:

1. Federal Governments & Entities.  If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.

2. ERI will not use your name, seals, trademarks, or the fact that you’re a member of our Document(s) to purposefully state or imply an endorsement of our Document(s). ERI will use your name, seals, trademarks, and the fact that you’re a member of our Document(s) as necessary in the regular operation of our Document(s) and to deliver our Document(s) to you and to other Users.

3. Provincial and Local Governments & Entities.  If you are a provincial or local government, or provincial or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.

“Purchase(s) Terms & Refunds” refers to the lease agreement to use the document(s) in accordance with the terms of the lease agreement. All digital and non digital leased documents can only be used in accordance with the lease agreement and according to the following:

1.  Purchasing Terms & Refund Policy: All sales on ERI of digital document(s) are considered final and nonrefundable.

2. Payment methods and currency.  We may offer a variety of payment methods to pay for purchases using Stripe (all major credit cards and Apple Pay). We accept payments in Canadian Dollars (CDN). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase. 

3. Promise to pay.  When you buy something on ERI, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that ERI may charge your payment method the amount due, which will be in Canadian Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. 

4. Failure to pay and payment disputes.  Failure to pay as promised may result in late fees being charged, Document(s) being removed from your Account, Account suspension or closure, or any other action we deem necessary. 

Terms of Use Education Rocks Inc.

Welcome to Education Rocks K-6 Learning Activities!  Education Rocks Inc (referred to in this policy as “Education Rocks Inc”, “ERI”, “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with ERI and provide important information about your legal rights (“Terms”).

These Terms explain the rules you need to follow when you visit our website located at eductionrocks.ca

ERI at all times owns all leased documents. ERI may modify, add, discontinue support for, or limit the availability of any product type.

Users of the ERI website include: lessee’s (“Lessees”) and their “permitted users” and visitors who browse the website (“Visitors”). (Lessees, “Permitted Users”, and Visitors together are our “Users”.)

Lessees of any/all ERI K-6 Student Activity documents include users who have completed the lease agreement of any/all these documents.

By completing the Lease/Licence Agreement ERI, in any manner of user, you agree to follow these Terms, including the terms of our Privacy Policy, Copyright & Trademark Policy (see ERI Definitions & Terms),  Lease/Licence Agreement ERI, Document Licensing Policy and any other terms or policies that are incorporated as part of these Terms.