Terms and Conditions

  1. Applicability of Terms and Conditions. THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREIN. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. THESE TERMS SHALL APPLY TO ANY PURCHASE OF PRODUCTS AND RELATED SERVICES THROUGH THE SITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
  1. Definitions. For purposes of these Terms and Conditions, the following definitions shall apply:
    • Company,” “we,” “us,” and/or “our” means Educational Vistas, Inc., its subsidiaries, affiliates, and assigns.
    • Website” means the e-commerce website operated by the Company.
    • Buyer” means any person or entity purchasing goods or services through the Website.
    • Goods” means any products, materials, or supplies offered for sale on the Website.
    • Site” means https://edvistas.com/
    • Services” means any consultation, or other services offered in connection with the Goods.
    • Terms” means these Terms and Conditions
  1. Payment Terms. All applicable prices are set forth alongside the Goods and Services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card (Visa, Mastercard, and American Express) or by ACH payment. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities. All payments, purchases, and orders made through the Site are strictly non-refundable and non-returnable, except where otherwise required by applicable law.
  1. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses: The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.  Company reserves the right to modify Privacy Policy and Website Terms of Use in its reasonable discretion from time to time without notice.
  1. Representations & Warranties (“R&Ws”); Disclaimers; Limitations on Liability.
    • Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Goods and Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying Goods or Services from the Site for solely your own use, and not for resale.
    • Limitation on Warranties. Subject to applicable law, in providing Goods and Services to you, we make no express or implied warranties of any kind, including without limitation: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Our liability for any defective products is limited to the remedies provided by the manufacturer. We shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising from product defects or warranty claims.
    • SOLE AND EXCLUSIVE REMEDIES/LIABILITY CAP. SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
  1. Governing Law/Binding Arbitration.
    • GoverningLaw. These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.
    • BindingArbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York, Albany County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 7 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    • Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 60 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated case in small-claims court with respect to these Terms.
  1. Copyright. All of the content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company’s or its business associates. The entire content of this website is copyrighted as a collective work under United States copyright laws, and the Company’s own a copyright in the selection, coordination, arrangement and enhancement of the content of this website. You may download, print and store selected portions of the content of this website, provided you: (1) only use these copies for your own personal use; (2) do not copy or post the content of this website on any network computer or broadcast the content of this website in any media; and (3) do not modify or alter the content of this website in any way, or delete or change any copyright or trademark notice. The content of this site is provided for lawful purposes only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Company reserves complete title and full intellectual property rights in any content of this website that you download. Except as noted herein, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content of this website without the express written permission from the Company.
  1. Miscellaneous. THIRD PARTY BENEFICIARIES. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. FORCE MAJEURE. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind. ASSIGNMENT. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void. PARTIAL INVALIDITY. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. NO WAIVERS. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law. NOTICES. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: or (ii) personal delivery, overnight courier, or registered or certified mail to: 2200 Maxon Rd. Ext. Schenectady, NY 12308. ENTIRE AGREEMENT. These Terms, along with the confirmation email referenced in Section above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.