Terms of Service

Last Revised: March 23, 2009


Overview

The Learn To Be World Wide Web site (the "Site"), any information created and/or provided by Learn To Be and appearing on the Site (the "Content"), and the services provided in connection therewith (the "Services"), are owned, operated and maintained by Learn To Be ("we", "us", or the "Company"). By using or accessing the Site, Content, or Services, you "the User" have read, understand, and agree to be bound by these Terms of Use ("Terms of Use", "Terms", or "Agreement"), whether or not you are a registered user of Learn To Be. For the purposes of this Agreement, you means a parent or guardian of a student who uses the Site as well as all students, tutors, and users of the Site. If you are a parent or guardian of a student who uses and accesses the Site, Content, and Services, you agree to represent the student for purposes of making us whole in case of damages or indemnification against the student, if not for the student's age. We reserve the right, at our sole discretion, to modify, add, or delete any portion of these Terms at any time. Your continued use of the Site, Content, or Services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future Terms, you may not use or access the Site, Content, or Services. It is the responsibility of the User to check the Site and review any changes made to these Terms.


Registration

In consideration of your use of the Site and the Services, you agree to provide accurate, current, and complete data. You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for all activities and liabilities associated with using your account(s). You must notify us immediately of any breach of security of your account(s) and it is your responsibility to log out of your account(s) when you are no longer in use of the Site and the Services. We are not responsible for any damages or losses that arise due to your failure to comply with these requirements. You are held potentially liable for any damages or losses sustained by us or a third party due to unauthorized use of your account(s), either with or without your knowledge. You may not use another person’s account(s) without his or her permission. You may not transfer use of your account(s) to another person. In the event that you authorize or register an account for another person, including a minor, you are fully responsible for the actions and consequences of that user and we reserve the right to share information provided in the account(s) to the parent or legal guardian of that minor. If you provide false, incorrect, or incomplete information, we reserve the right to terminate your account(s). All personal information collected is used in accordance with our Privacy Policy. We reserve the right to refuse use or access of the Site and the Services to any user at any time.


User Conduct

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 adherance 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
  • use automated scripts to collect information from the Site or otherwise interact with the Site or the Services
  • collect information on other users of the Service or the Site for the purposes of sending unsolicited materials
  • 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, ethicially, 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, trasmit, upload, or ortherwise 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 solicit any personally identifiable information or suggest an offline meeting or conversation
In addition, you agree to immediately report via phone or e-mail any knowledge of the use of the Site and the Services that violates the User Conduct and Terms of Use.


User Content

Any and all information and materials or communications that you post, share, transmit, upload, or otherwise make available (hereinafter, “post”) on or through the Site or the Services 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.


Copyright

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.

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. Any and all rights granted to you herein are revocable by Learn To Be in according with these Terms.


Copyright Complaints

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.


Links

The Site may contain links to third party websites or resources. You acknowledge and agree that Learn To Be is not responsible or liable for the availability of such sites or resources and does not endorse and is not responsible or liable, indirectly or directly, for any content, product, or service available on or through such third party sites or resources. You acknowledge and assume all responsibility for any and all risk arising from your use of any such website or resource.


Indemnity

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.


LIMITATION ON LIABILITY

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, OR SERVICES, 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.


DISCLAIMER OF WARRANTY

THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” 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 TRHOUGH THE SITE, CONTENT, OR SERVICES. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.


JURISDICTION

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.


TERMINATION

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.


OTHER

These Terms of Use are the entire and exclusive agreement between you and Learn To Be regarding the Site, Content, and Services and supersede any prior agreements between you and the Company relating your use of the Site, Content, or Services. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a wavier 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.