Registration, Password, And Security Obligations
You understand that the Site, Content, and Services are available for your personal, non-commercial use only. You are solely responsible for your knowledge and adherence to any and all rules, regulations, and laws applicable to your use of the Site, Content, and Services. You agree not to use the Site or Services to:
· violate any local, state, national, or international law;
· encourage or provide instructions for others to commit criminal offenses or violate the rights of others or local, state, national, and international law;
· damage or impair the Site or the Services;
· post, share, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer or software or hardware or telecommunications equipment;
· intimidate or harass others;
· engage in predatory or stalking conduct;
· solicit personal information from anyone under the age of 18;
· infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
· use any automated scripts, robot, spider, or other automatic device to collect, process, or access information from the Site, or otherwise interact with the Site or the Services, or monitor or copy any of the material on the Site;
· use any manual process to monitor or copy any of the material on the Site for any other unauthorized purposes;
· attempt to interfere with the proper working of the Site;
· contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
· collect information on other users of the Service or the Site for the purposes of sending unsolicited materials;
· upload or facilitate submission of any content that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
· impersonate any person or entity, misrepresent your identity including but not limited to your name, age, or affiliation with any person or entity;
· post, share, transmit, upload, or otherwise make available any content we deem harmful, hateful, threatening, defamatory, infringing, inflammatory, harassing, vulgar, pornographic, obscene, fraudulent, illegal, invasive of privacy or publicity rights, racially, ethically, or otherwise objectionable;
· post, share, transmit, upload, or otherwise make available any content that we deem to cause harm to others or prevent others from enjoying and using the Site;
· post, share, transmit, upload, or otherwise make available any content that we -post, share, transmit, upload, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotion materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
· post, share, transmit, upload, or otherwise make available any personally identifiable or private information of any third party;
· disclose any personal information that could be personally identifiable information including but not limited to your full name, address, e-mail address, telephone number, or social security number; or
· or solicit any personally identifiable information or suggest an offline meeting or conversation.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree to immediately report via phone or e-mail any knowledge of the use of the Site and the Services
Any and all information and materials or communications that you post, share, transmit, upload, or otherwise make available publicly (hereinafter, “post”) on or through the Site or the Services—to the extent such functionality exists—is non-confidential and non-proprietary and may be disseminated or used by us for any purpose whatsoever. By uploading or otherwise making available any User content, you automatically grant and/or warrant that the owner has granted to us the non-exclusive, perpetual royal-free, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the content for any purpose.
You understand and agree that we may record or review any and all parts of tutoring sessions. You further agree that we own all recorded sessions and comments that you provide to the Site and that these Terms shall be deemed an assignment of all such recordings and comments, each portion thereof and all intellectual property rights therein to us. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
All materials contained on this Website are Copyright © 2020 Learn To Be or are licensed or otherwise published by Learn To Be with the permission of the owner of the material. All rights in such materials published with permission of the material's owner are reserved to the respective owners. All trademarks, service marks, and trade names are proprietary to Learn To Be. The Site, Content, and Services provided or made available to you in connection with the site are the proprietary works of Learn To Be and its third party providers and suppliers and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as permitted by us or these terms, you may not copy, reproduce, modify, publish, distribute, create derivative works of, sell, transfer, rent, lease, sell, sublicense, assign, perform, transmit, or otherwise use the Site or the Services. You may not copy or modify the HTML or other code. Any unauthorized or prohibited use of the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable state and federal laws.
Provided that you are eligible to use the Site, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, and Services for noncommercial purposes subject to restrictions set forth in these Terms. All right, title, and interest in and to all tangible and intangible aspects of the Site, Content, and Services, including without limitation, all copyrights, patents, and trade secrets pertaining thereto, and that, except for the limited rights set forth above, remain the exclusive property of Learn To Be and/or third parties, as applicable, and you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Content or, including but not limited to, accessing the Site or the Services. You may not upload or republish any Learn To Be content on any internet, intranet, or extranet site or use the information in any other database or compilation, and any other use of our Site content is strictly prohibited. Your license is subject to this Agreement and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Services beyond the scope of the license granted above is prohibited. Any and all rights granted to you herein are revocable by Learn To Be in according with these Terms.
We respect the intellectual property rights of others. If you believe any material on the Site infringes upon any copyright which you own or control or your intellectual property rights have been otherwise violated, please send us written notice to:
Learn To Be Foundation
Attn: Legal Department
1268 N. Lakeview Avenue, Suite 201
Anaheim, CA 92807
Please include: 1) your name, address, telephone number, and e-mail address, 2) a description of the infringed work or intellectual property and where it is located on the Site, 3) a statement made by you indicating that the work in dispute is not authorized by the copyright owner, its agent, or the law, 4) a statement by you, made under penalty of perjury, that the information included in the notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf, and 5) a signature of the person authorized to act on behalf of the owner.
You agree to defend, indemnify, and hold harmless Learn To Be, its officers, directors, agents, employees, and affiliates, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to and use of the Site, Content, and Services or your breach of these Terms.
IN NO EVENT SHALL LEARN TO BE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, OR SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SITE, CONTENT, OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, SERVICES, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY LEGAL THEORY, WHETHER THE COMPANY IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU. YOU ASSUME THE COSTS FOR ANY NEED FOR REPAIR OR SERVICING THAT RESULTS FROM THE USE OF THE SITE, CONTENT, OR SERVICES. NEITHER THE COMPANY NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED IN THE SITE, CONTENT, OR SERVICES. YOU AGREE TO HOLD HARMLESS THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, AND TUTORS, FOR ANY INSTRUCTION, ADVICE, OR SERVICES PROVIDED TO YOU THROUGH THE SITE.
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE USE OF THE SITE, CONTENT, OR SERVICES MAY RESULT IN UNEXPECTED RESULTS OR UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR FILES TO UNINTENDED THIRD PARTIES. WE MAKE NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY IN REGARD TO THE QUALITY OF ANY PRODUCT OR SERVICE DELIVERED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, CONTENT, OR SERVICES. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WHILE WE ARE COMMITTED TO DEVELOPING, IMPLEMENTING, MAINTAINING, MONITORING AND UPDATING A REASONABLE INFORMATION SECURITY PROGRAM, UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE 100% SECURE. DATA SECURITY INCIDENTS AND BREACHES CAN OCCUR DUE TO VULNERABILITIES, CRIMINAL EXPLOITS OR OTHER FACTORS THAT CANNOT REASONABLY BE PREVENTED. ACCORDINGLY, WHILE OUR REASONABLE SECURITY PROGRAM IS DESIGNED TO MANAGE DATA SECURITY RISKS AND THUS HELP PREVENT DATA SECURITY INCIDENTS AND BREACHES, IT CANNOT BE ASSUMED THAT THE OCCURRENCE OF ANY GIVEN INCIDENT OR BREACH RESULTS FROM OUR FAILURE TO IMPLEMENT AND MAINTAIN REASONABLE SECURITY. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, YOU ACKNOWLEDGE THAT (A) THERE ARE SECURITY AND PRIVACY LIMITATIONS OF THE INTERNET WHICH ARE BEYOND OUR CONTROL; (B) THE SECURITY, INTEGRITY, AND PRIVACY OF ANY AND ALL INFORMATION AND DATA EXCHANGED BETWEEN YOU AND US THROUGH THE SITE CANNOT BE GUARANTEED; AND (C) ANY SUCH INFORMATION AND DATA MAY BE VIEWED OR TAMPERED WITH IN TRANSIT BY A THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, LEARN TO BE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT WILL BE COMPLETE OR ACCURATE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS.
These Terms as well as any action related to these Terms will be governed by California law and the exclusive jurisdiction and venue of any such action will be the state and federal courts of California. You hereby agree to and waive all objections to jurisdiction and venue in such courts.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Services must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
We reserve the right to terminate your account and permission to use the Site, Content, or Services immediately and without notice if you violate any of these Terms. We further reserve the right to terminate your account and revoke your access to the Site, Content, or Services at any time, with or without cause, and with or without notice. We also reserve the right to modify or cease providing the Site, Content, or Services at any time, with or without notice. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. YOU HOLD LEARN TO BE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEARN TO BE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEARN TO BE OR LAW ENFORCEMENT AUTHORITIES.
This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of Learn To Be. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. In the event that any provision of these Terms is held invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.