CHARACTER COUNTS! Terms and Conditions (“Agreement”)

This Agreement was last modified on November 11, 2020.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://store.charactercounts.org (“the Site”) operated by CHARACTER COUNTS! (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://store.charactercounts.org.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Shipping Information
Please allow 1-2 weeks for processing and delivery. Delivery time may be extended during peak periods, which include but are not limited to April through June and August through October. Customers are responsible for return shipping fees if packages are returned.  COVID-19 Update: Please note, there may be slight delays based on the current health situation related to COVID-19.

SHIPPING – INTERNATIONAL/ALASKA/HAWAII/APO/FPO/DPO
Please contact Customer Service at customerservice@charactercounts.org or 515-271-4840 to place an order/quote to receive international, Alaska, Hawaii or APO/FPO/DPO shipping rates. PLEASE NOTE: All customs, brokerage and/or import fees are the responsibility of the recipient. Please be aware of expenses incurred when receiving materials. Customers are responsible for return shipping fees if packages are refused.

Expedited Shipping/Handling
Expedited shipping/handling is available at an additional charge, which will be shown during checkout online. For orders outside the 48 contiguous states, including APO, FPO and DPO addresses, please contact Customer Service at customerservice@charactercounts.org or 515-271-4840 if you need additional assistance beyond our online checkout system. Expedited orders may not be processed and shipped until the business day after the day on which they are received. All orders received on weekends or holidays will be processed the following business day.

APO/FPO/DPO Orders
We use FedEx SmartPost to delivery your order to the USPS Military Mail Gateway, which is less expensive than regular international shipping. Please contact Customer Service at customerservice@charactercounts.org or 515-271-4840 to place an order/quote to receive APO/FPO/DPO shipping rates.

Availability / Pricing

  • Items are subject to availability and may be discontinued or redesigned without notice.
  • Items on backorder will be shipped separately upon availability.
  • Prices are subject to change without notice.
  • Prices may exceed direct production costs.
  • Discounts: Coalition members receive a 10% discount (not valid in combination with other offers or discounts)

Returns and Refunds

  • Returns/exchanges can be made no later than four (4) weeks from delivery date for credit toward materials from our store. Delivery date is determined by carrier tracking information. The four-week time period applies year-round, even during summer months when schools are not in session.
  • Please notify us immediately if any materials are received damaged.
  • Shipping/handling charges are non-refundable.
  • Any refund will be made to the account used in payment of the order.
  • All orders will be considered to be correct, complete and to have been received in good condition unless we are notified to the contrary within 4 weeks of receipt, as determined by carrier delivery records.
  • We cannot be responsible for duplication of orders submitted more than once. Please call us if you need to verify receipt of an order.
  • All digital music sales are final once downloaded from our server, though we will provide you with a replacement for sales of defective music products.
  • In any circumstance where CHARACTER COUNTS! was not at fault, customers are responsible for shipping costs to return the items.

Digital Resources

-CHARACTER COUNTS! E-Books and Digital Way To Go Journals

CHARACTER COUNTS! digital resource E-Books may include guides, manuals, kits, journals, and books with the following titles: Way To Go Journal, Good Ideas, Early Childhood Development, Ethical Decision Making, Interpersonal Skills, Parental Involvement, Emotion Control, Drug & Alcohol Intervention, Moral Kombat, Defensive Driving, Parent & Teen Communication, Truancy Intervention, Business Ethics: Making Ethical Decisions, and Making Ethical Decisions for Teens. These resources are available for single download for individual use specified in accordance with these terms and conditions: Drake grants a perpetual non-transferable limited license to use the copyrighted content. The single download digital license includes the right to reproduce (including digital downloads to a single computer or networked device and/or a printed copy) for the purchased quantity, and can display this CONTENT for non-commercial use to the purchasing organization’s students, faculty, staff, and parents. It is expressly intended that the license granted hereunder is limited in scope and cannot be reproduced beyond the purchased quantity. Any transfer, publication, distribution, performance, or display of the copyrighted CONTENT to individuals or entities other than those identified above is expressly prohibited without the express written agreement of Drake.

-The ESSENTIALS

1. Drake University and The Robert D. and Billie Ray Center is the owner of the intellectual property contained in the programming and resources provided in all CHARACTER COUNTS!® merchandise and training resources, as well as all trademarks associated with CHARACTER COUNTS!® and the Six Pillars of Character®
2. Drake has entered a consortium partnership agreement with the Excellence with Integrity Institute, Inc. (EWI Institute) to deliver:
a. resources and materials that contain intellectual property belonging exclusively to the EWI Institute, as well as
b. resources and materials that integrate intellectual property belonging to Drake University and to EWI Institute respectively.
c. Drake University, The Robert D. and Billie Ray Center, and the EWI Institute are collectively referred to as DRAKE when Drake acts on behalf of itself and of its consortium partner, the EWI Institute.
3. Excellence with Integrity Institute is the owner of the intellectual property in The ESSENTIALS™ and Excellence with Integrity TOOLS™ instructional resources, Optimal Performance™ Assessment instruments and related materials, as well as the trademarks listed herein.
4. The ESSENTIALS™ resources are licensed, not sold, for use only under the terms and conditions outlined below. The purchaser has agreed to be bound by all of the following terms and conditions.
a. LICENSE. Upon payment of all applicable fees and subject to these terms and conditions, DRAKE grants to Licensee a non-exclusive, perpetual (unless terminated under Paragraph 4f), non-transferable limited use license to reproduce, display, and/or distribute these resources and materials to its authorized users.
b. LICENSEE. Licensee refers to a K-12 educational organization located in the U.S., such as a school or a school district, as identified by the Tax ID# or other identification submitted in writing to DRAKE during purchasing and approval process. If a prospective purchaser does not act as an authorized representative on behalf of a U.S. K-12 school or district, they must contact DRAKE to execute a separate Licensing Agreement.
c. AUTHORIZED USERS. Authorized users are the students, as well as faculty and staff of the Licensee who provide instruction, assessment, and other educational services to these students. The resources may also be distributed to the parents of the students, as specified above, but only in support of the educational function of the Licensee. Temporary employees may use the resources and materials only when they work on-site to support the educational function of the Licensee. Any employees must stop using these resources and materials when their employment with the Licensee is terminated.
d. LIMITED USE. Authorized use of the resources and materials is limited to supporting the educational function of the Licensee, such as instruction and assessment for the purposes of student learning and development. Any transfer, publication, distribution, performance, or display of these resources and materials, or of the content contained in these resources and materials, to individuals or entities who are not Authorized Users of the Licensee is expressly prohibited.
e. LICENSED CONTENT. The Licensee agrees to treat the content of these materials and resources as protectable by the United States Copyright Act, and will take all necessary and reasonable steps to ensure that its authorized users act in accordance with these terms and conditions.
f. TERMINATION. If any breach of these Terms and Conditions continues for more than thirty (30) days after receipt of written notice of such breach from DRAKE, this Agreement is considered terminated whereupon all rights granted to Licensee shall immediately cease.
g. EXTERNAL CONTENT.
i. The resources and materials may include references to excerpts from the work of individuals or entities not affiliated with DRAKE, such as video clips, articles, etc., intended for illustration of the instructional content, consistent with principles 1, 3, and 4 of the Fair Use Law.
ii. DRAKE makes no claims of intellectual property rights to the external content referenced in these resources, nor does DRAKE claim to have made any efforts to obtain such rights or obtain licenses for reproduction and/or distribution of the external content in any form.
iii. External content must be reviewed by the users prior to delivery. The users are responsible for determining whether use of the referenced external content in their setting complies with applicable laws, federal and state regulations, and local district and school policies.

Intellectual Property
The Site and its original content, features and functionality, and digital resources (such as E-Books) are owned by CHARACTER COUNTS! and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by CHARACTER COUNTS!

CHARACTER COUNTS! has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License
CHARACTER COUNTS! grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Limitation Of Liability
In no event shall CHARACTER COUNTS!, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.

Warranty Disclaimer
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided 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.

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

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us
If you have any questions about this Agreement, please contact us.