Terms of Use

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Edji Terms of Use

 

Thank you for using Edji!


We are pleased to help support your work as you promote reading engagement in your classrooms.


Edji, Inc. (“Edji,” “we,” “our,” or “us”) provides a collaborative reading engagement platform at Edji.it. The Site includes input from teachers and students. It’s important for all of us to understand how the Site can be used, the limits on that use, and our various responsibilities regarding that use. Those issues are discussed in these Terms of Use (” Terms”).


You can reach us at: Edji, Inc.


4006 Nicollet Ave, Minneapolis, MN 55409
support@edji.it


You may be a “Teacher” (who subscribes to the Site with the administrative right to create, invite, manage, moderate or delete a Reading (defined below), or a “School User” (a teacher or a school representative whose students are using Edji (“Student(s)”)), or both.
Creating an account with Edji indicates that you have read and agree to comply with these Terms on behalf of yourself and/or the entity or students you represent, that you have the right and authority to bind the entity (if applicable) to these Terms, and that you will be responsible for adherence to these Terms under your Account (defined below). You also represent that you are at least 18 years of age. If any features of the Site are subject to additional or revised guidelines, terms, or rules, we will post them here: guide.edji.it, and incorporate them by reference into these Terms (in the event of a conflict, the more recent version will prevail). You may find the current version of the Terms here: here: http://guide.edji.it/index.php/terms-of-use/. Our privacy policy is located here: http://guide.edji.it/index.php/back-to-edji-it/privacy-terms/, and incorporated by reference into these Terms.
If you don’t agree to be bound by these Terms as presented or as they may be revised, please don’t use Edji . Use or continued use of our Site following notice of such revisions indicates your consent to be bound by them. Edji is not responsible or liable for any loss or damage arising from your failure to comply with these Terms.

 

  1. ACCOUNTS


1.1 Services. Edji allows Teachers and School Users to create one or more ” Readings” on the Site, each of which contains content (which may include text, images, or other materials) within the topics included in the Reading (each a “Topic”). Teachers and School Users control access to the Reading, and may share the Readings with anyone they like (“Users” (“Users” includes Teachers and those with whom they share the Reading(s)). Users then can respond to discussions for each Topic using Comments (each a “Comment”).

 

1.2 Account Creation. When you register for an account (“Account”), we may ask you to provide certain information about yourself or the entity you represent, which you represent and warrant to be truthful and accurate. You must keep this information up to date.
You may delete your Account at any time, for any reason, by contacting us at support@edji.it. For a variety of reasons, and in particular, to protect the integrity of our community, we must reserve the right in our sole discretion to: (a) remove any content that you upload to the Site at any time for any reason, and (b) suspend or terminate any Account and/or refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason; we will not be liable to any party for taking either of these actions.

 

1.3 Account Responsibilities. As with similar online content platforms, you are responsible for
maintaining the confidentiality of your Account login information. So that we can address any unauthorized uses, immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of security.

 

1.4 School Users. By nature of their role, School Users have additional responsibilities to the Students they represent. In using Edji, School Users:
(a) are bound by our Children’s Privacy Policy, and represent and warrant that they have authority to consent to our collection, use and disclosure of personal information from their student users in accordance with our Children’s Privacy Policy located here: http://guide.edji.it/index.php/child-privacy-policy/, and provide us with such consent; and
(b) must ensure that their schools are compliant with all applicable laws related to disclosure of student information and regulations, including, but not limited to, The Family Educational Rights and Privacy Act (” FERPA”); and have acquired FERPA-compliant disclosure consents from the parents of children under 18, or from the students aged 18 and older; and further, grant us a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display Student Records solely for the purposes discussed in these Terms.
Student Records are and continue to be the property and under the control of the School User.
School Users may request the deletion of student information, Student Records, or Student-generated User content by contacting Edji at support@Edji.it; we will not use any personally identifiable information contained in such materials for targeted advertising, and we will not retain such materials once these Terms have expired or been terminated unless a person with authorized access to such materials has a separate account with us.

 

1.5 Social Networking Sites. The Site allow Users with Reading access to share content on various social networking sites, such as Facebook and Twitter (each an ” SNS”). By sharing any content from Edji on an SNS, it is your responsibility to ensure that you are able to grant us access to your SNS account without breaching any SNS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations.
YOUR RELATIONSHIP WITH EACH SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY OR THROUGH AN SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE SNS.

 

  1. ACCESS TO THE SITE

2.1 License. We grant you a non-transferable, non-exclusive, non-sublicensable revocable, limited license to use and access, solely for your own personal, noncommercial use: (a) the software in the Site on any compatible device that you own or control, and (b) the other aspects of the Site.

 

2.2 Certain Restrictions. To protect the distribution of Edji, we must outline certain limitations on the licensed rights we grant to you. You shall not:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site; (b)
modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site in any form or by any means; (e) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (f) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (g) use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (h) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (i) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (j) harass or interfere with any other user’s use and enjoyment of the Site; or (k) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained. We operate only in the United States, and cannot represent that the Site is appropriate for use in other locations. You may not use the Site in a way that violates any third-party right, is unlawful, or otherwise violates the Edji community standards.

 

2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice or liability to you.

 

2.4 No Support or Maintenance; Updates. We have no obligation to provide you with any support or maintenance in connection with the Site and are not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Site (each an “Update”).

 

2.5 Ownership. The Site is the sole property of Edji and is protected by U.S. and foreign copyright laws, patents, trademarks, trade secret, and other laws. Either we or our suppliers own the content made available to you through the Site. Our name, logo, and the product names associated with the Site belong to us or our suppliers, and no right or license is granted to you or any third party to use them. We and our suppliers reserve all rights not granted in these Terms.

 

2.6 Feedback. We appreciate hearing your feedback. Because of the volume of feedback we receive, we cannot take on any liability related to any ideas, suggestions, and/or proposals sent to us (“Feedback”) or treat the Feedback as confidential or proprietary. You represent and warrant that you have all rights necessary to submit any Feedback you send to us, and you grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner we deem appropriate, any Feedback you submit.

 

  1. USER CONTENT

3.1 User Content.
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., Readings), except Student Records. Topics about possession, control, or transfer of student-generated User content, including the review and correction by a student, parent, or legal guardian of a student of personally identifiable information, should be
directed to the School User. You are solely responsible for your User Content and the consequences of submitting and publishing your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. Edji does not guarantee any confidentiality with respect to your User Content. You hereby represent and warrant that your User Content does not violate these Terms. We use best practices (reasonable commercial practices)to backup all of our Users’ Content, but we cannot guarantee that your Content will be available in the event it is intentionally or accidentally deleted, so save your User Content often. Edji has no responsibility or liability for the accuracy of any User Content; the failure to transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site. You acknowledge that Edji has no obligation to pre-screen User Content, although Edji reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; ANY INFORMATION YOU PROVIDE WILL BE ACCESSIBLE BY USERS OF THE SITE.

 

3.2 Acceptable use policy goes here

 

3.3 License. Because each User owns its own User Content, and controls the rights to intellectual property such User may own in the User Content, we need a license to make use of such User Content (and any versions that may be considered derivatives) available to Users. Accordingly, when you post User Content on the Site, you grant us the necessary rights to make such content available to Users, which include one or more of the following rights, as applicable (which you represent and warrant that you have the right to grant): a  The above licenses granted by you in Readings terminate within a commercially reasonable time after your Readings are removed or deleted from the Site. Except as otherwise provided in these Terms, Edji may retain server copies of your Readings that have been removed or deleted. Except as may otherwise be provided in these Terms, the above licenses granted by you in other User Content you submit are perpetual.

 

3.4 Enforcement. We may (but have no obligation) to review any User Content or Student Records, and to investigate and/or take appropriate action against you for violating the Acceptable Use Policy or these Terms, or for otherwise create liability for us or any other person. Such action may include removing or modifying your User Content or Student Records, terminating your Account, and/or reporting you to law enforcement authorities.

 

  1. FEES AND PURCHASE TERMS

5.1 Payment. You shall pay all fees or charges for products and services purchased via the Site in accordance with the fees, charges and billing terms in effect at the time such fee or charge is due. Except as otherwise described in these Terms or in our billing terms in effect at the time a fee or charge is due, all fees are nonrefundable.

 

4.2 Third Party Payment Services Provider. Edji uses Stripe Inc. (“Stripe”) as a third party payment service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Site, you are bound by Stripe’s US Terms of Service available at stripe.com/us/terms and Privacy Policy available at stripe.com/us/privacy. You authorize Edji and such third party payment service provider to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information.

 

4.3 Payment Information and Taxes. All payment information that you provide in connection with the Site must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing us with your payment information, we or Stripe are authorized to immediately invoice you for all fees and charges due and payable to us and that no additional notice or consent is required. You shall immediately notify us and Stripe of any change to your payment information. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Edji and Stripe from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Services. Upon our request, you will provide Edji or Stripe with acceptable evidence that you have paid all applicable taxes.

 

  1. INDEMNIFICATION


You shall indemnify and hold Edji(and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (or your Student’s): (a) use of, or inability to use, the Site; (b) violation of these Terms; (c) violation of applicable laws or regulations; (d) User Content and Student Records; (e) violation of any rights of another party, including any users; or (f) interaction with any other user. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You shall not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. THIRD-PARTY LINKS AND ADS; OTHER USERS

6.1 Other Users. Each User of the Site is solely responsible for any and all of its own User Content and Student Records.
Because we do not control User Content or Student Records, we are not responsible for any User Content or Student Records, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content or Student Records. Your interactions with other Users of the Site are solely between you and such Users, and we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Site, we are under no obligation to become involved.

 

6.2 Release. You hereby release and forever discharge Edji (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other users of the Site or any third-party links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

  1. DISCLAIMERS

YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND STUDENT RECORDS, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

  1. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE FEES YOU HAVE PAID TO US IN THE PRECEDING TWELVE (12) MONTHS AND (B) FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDJI AND YOU.

 

  1. TERM AND TERMINATION


These Terms will remain in full force and effect while you use the Site. You may terminate your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion. Upon termination, your Account will close immediately, and/or your and right to access and use the Site will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

  1. COPYRIGHT POLICY AND NOTICE OF INFRINGEMENT


Edji respects the intellectual property of others and asks that users of our Site do the same. Our notice and takedown policy is available here. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please provide the following information in writing (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
Edji, Inc.
Designated Agent: Corbin Fonville
Address of Agent: 4006 Nicollet Ave, Minneapolis, MN 55409
Email: copyright@edji.it
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

  1. GENERAL

11.1 Venue, Choice of Law, and Choice of Language. In any dispute regarding these Terms, The parties submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota. These Terms and any related action will be governed and interpreted by and under the laws of the State of Minnesota, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The English version of these Terms shall govern and any proceedings related to actions based on these terms shall be conducted in English.

 

11.2 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You shall not export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Edji, or any products utilizing such data, in violation of the United States export laws or regulations.
12.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

11.4 Electronic Communications. The communications between you and us use electronic means, whether you use the Site or send us emails, or whether Edji posts notices on the Site or communicates with you via email. You consent to receive communications from us in an electronic form. All terms and conditions, agreements, notices, disclosures, and other communications that we provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing. The foregoing does not affect your non-waivable rights.

 

11.5 Miscellaneous. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms and the rights you grant to us in these Terms. The terms and conditions set forth in these Terms shall inure to the benefit of and be binding upon permitted assignees.

 

11.6 Force Majeure. Edji shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.