Terms of Use
1. ACCEPTANCE OF TERMS:
True Learning provides its True Learning curriculum ("Curriculum") and service ("Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You may review the most current version of the TOS at any time at: http://www.true-learning.com/terms.cfm. Your use of True-Learning.com and its materials constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE:
True Learning provides users with access to a rich collection of early learning curriculum and resources through its True Learning website (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that True Learning assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. SUBSCRIPTION AND LICENSE USAGE:
a. A Subscription grants the parent or the educator access to certain materials on True-Learning.com for her or his personal needs or for one classroom's needs only. The materials may only be used for instruction during the term of the license. The user will receive a unique username and password, which she or he is obligated to use only for her or his personal or classroom needs. If a user is found to be sharing a password with others who have not subscribed or producing materials for non-subscribers, that user's subscription will be immediately canceled without refund. Unauthorized use is subject to charge. b. All material, activities, lessons, exercises, concepts, and information presented or provided in the Curriculum and Service are proprietary to True Learning and fully protected by intellectual property rights. You are not entitled to copy the Curriculum or Service. In addition, you may not give third parties access to the Curriculum or Service, to printed copies of the Curriculum, to files taken from the Curriculum, or to any other component or constituent part of the Curriculum. And copying, transmission, dissemination, resale, providing access to third parties or usage (other than specified in this Agreement) is strictly prohibited, and would constitute a violation of intellectual property law. c. Your username and password gives you access to the Service. Please keep your password confidential and do not share it with third parties. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. d. Except as provided under special promotional opportunities, you agree to pay all applicable fees for the Service. If payment cannot be charged to your credit card or your charge is returned to True Learning for any reason, including charge back, True Learning reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of True Learning hereunder, and thereafter to collect any amount due. The fees for the Service are published on True Learning's web site. True Learning reserves the right to change the fees it charges for True Learning Curriculum Service at any time. e. The term of this Agreement will start on the date you register and accept this agreement and continue for a period of twelve (12) months (the "Term"). Notwithstanding the term, you may terminate this Agreement at any time, except that you will not be entitled to a refund of fees. In addition, notwithstanding the term, True Learning reserves the right to terminate or extend the term of this Agreement at any time at its discretion. However, all restrictions and requirements with regard to copying, dissemination, unlicensed usage, provision or sale to third party, shall remain in force in perpetuity. f. All right, title and interest, including all copyrights, patents, trademarks, trade secrets and all other proprietary and intellectual property rights in existence now or arising in the future in and to the Curriculum and Service shall remain in True Learning and you shall not acquire any interest therein, except as expressly provided in this Agreement.
4. VIOLATION OF LICENSE AGREEMENT:
You agree that you understand and acknowledge that any copying, transmission, dissemination, resale, providing access to third parties or usage (other than specified in this Agreement) is a violation of the Agreement. You further acknowledge that True Learning is entitled to take action against you to seek remedy and damages resulting from your violation of the Agreement, and that there will be no pre-determined limit to amount that True Learning may seek with regard to the remedy and damages resulting from your violation of the Agreement.
5. MODIFICATIONS TO SERVICE:
True Learning reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that True Learning shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. True Learning may change, add or remove any part of this Agreement, or any other terms associated with the use of the Web site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Curriculum and Service after the notice is posted, you are indicating your acceptance of those changes.
6. SPONSORS, THIRD PARTIES AND ADVERTISERS:
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that True Learning shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
7. LINKS:
True Learning may provide, or third parties may provide, links to other World Wide Web sites or resources. Because True Learning has no control over such sites and resources, you acknowledge and agree that True Learning is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that True Learning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. DISCLAIMER OF WARRANTIES:
The Curriculum is a tool to assist early childhood learning. Because every child learns differently, True Learning cannot guarantee particular results from a child's use of the Curriculum. TRUE LEARNING DOES NOT REPRESENT AND WARRANT THAT A CHILD WILL ACHIEVE CERTAIN SPECIFIC RESULTS OR OUTCOMES AS A RESULT OF USING THE CURRICULUM. TRUE LEARNING DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE CURRICULUM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUE LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. TRUE LEARNING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUE LEARNING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY TRUE LEARNING AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. f. THE FLOW OF INFORMATION OVER THE INTERNET IS CONTROLLED BY THIRD PARTY INTERNET SERVICE PROVIDERS OVER WHOM TRUE-LEARNING HAS NO CONTROL. TRUE-LEARNING DOES NOT REPRESENT AND WARRANT THAT ACCESS TO AND USE OF THE CURRICULUM WILL NOT BE INTERRUPTED DUE TO DISRUPTIONS IN YOUR INTERNET SERVICE. IN ADDITION, WHILE TRUE-LEARNING MAKES COMMERCIALLY REASONABLE EFFORTS TO COMPLY WITH INDUSTRY STANDARDS WITH RESPECT TO ITS SECURITY SYSTEMS, TRUE-LEARNING CANNOT AND DOES NOT GUARANTEE THAT YOUR USE OF THE CURRICULUM AND THE STORAGE OF INFORMATION ON ITS SERVERS WILL BE ABSOLUTELY SECURE AND WITHOUT COMPROMISE TO SECURITY SYSTEMS.
9. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUE LEARNING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUE LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
11. TRADEMARK INFORMATION:
All materials on True-Learning.com, including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by True Learning or by other parties that have licensed their material to True Learning. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of True Learning. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited. True Learning logos and product and service names are trademarks of True Learning LLC. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. True Learning will enforce its intellectual property rights to the fullest extent of the law. If you suspect that the content or trademarks of True-Learning.com are being misused please contact admin@true-learning.com as soon as possible.
12. NON-WAIVER:
The failure of True Learning to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. HEADINGS FOR CONVENIENCE ONLY:
The section titles in the TOS are for convenience only and have no legal or contractual effect.
14. VIOLATIONS:
Please report any violations of the TOS to admin@true-learning.com.
15. INDEMNIFICATION:
You agree to indemnify, defend and hold True Learning harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
16. LETTERS, REVIEWS OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to True-Learning.com including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. True Learning shall have no obligation of any kind with respect to such Received Materials and True Learning will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, True Learning is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to True Learning for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
17. PRIVACY:
You can read True Learning's privacy statement at http://true-learning.com/privacy.php.
18. RESTRICTIONS ON USE:
You may not use the True-Learning.com or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use True Learning solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
19. SEVERABILITY:
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
20. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on True-Learning.com constitute the entire agreement between you and True Learning and govern your use of the Service.
21. REFUSAL OR DISCONTINUANCE OF SERVICE:
True Learning reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
22. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Delaware. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Delaware and you agree to personal jurisdiction by the state and federal courts sitting in the State of Delaware. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.