Terms of Use
Foundations for Learning, LLC / Go Phonics® Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY:
www.gophonics.com and www.store.gophonics.com (each individually called the “Site”) are websites of Foundations for Learning, LLC also dba Go Phonics in Chelan, WA, USA (FFL/GP). These Terms of Use govern your access to and use of each of these Sites, and any other FFL/GP Site, any information, text, graphics, logos, icons, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, and/or Services, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, please do not use the Site, Content, and/or Services. We encourage you to review these Terms of Use periodically as they may change. We will notify you of any significant changes to the Terms of Use by posting a prominent notice on the Site. By continuing to use the Site, Content, and/or Services after we revise these Terms of Use, you agree to be bound by such future revisions. Unless otherwise provided below, the revised terms will take effect when they are posted on the Site. If you are not at least eighteen (18) years old, you may use the Site, Content, and/or Services only with the involvement of a parent or guardian. You understand and agree that we may modify or discontinue the Site, Content, and/or Services for any reason without notice to you.
Table of Contents
1. Privacy
2. Use of Site
3. Products, Content, and Specifications
4. Accuracy of Information
5. Intellectual Property
6. Guard Your Password
7. Links
8. Notices
9. Termination
10. Indemnity
11. Support and Service Level
12. Site is “As Is”
13. Limitation of Liability
14. Severability
15. Controlling Law and Jurisdiction
1. We Respect Your Privacy
Personal information collected from our users will be subject to the Foundations for Learning, LLC Privacy Policy, which is incorporated into these Terms of Use. To view the Foundations for Learning, LLC Privacy Policy, click here http://www.gophonics.com/privacy-policy.
2. Your Use of this Site
Your access to, and use of the Site, Content, and/or Services is at your own risk. FFL/GP has no responsibility for, and disclaims any and all liability relating to, any harm to your computer system, loss of data, or any other damage that results from your access to, or use of, the Site, Content, and/or Services. As a user of the Site, Content, and/or Services, you are solely responsible for any communications you make via the Site and any and all consequences relating thereto, and FFL/GP disclaims any and all liability relating to such communications.
3. Products, Content, and Specifications
All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
4. Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Intellectual Property
The Content furnished by FFL/GP, its licensors, and other users is protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries. All Content, including the collection, arrangement, and assembly of such Content is the exclusive property of FFL/GP or the Content proprietary rights holders. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of FFL/GP or the Content proprietary rights holders. You may not copy or adapt the HTML code that this Site uses to generate its pages on the Site. You may not use the Content on any other website or in a networked computer environment for any purpose, without the express written permission of FFL/GP.
Go Phonics® is a registered trademark of Foundations for Learning, LLC. Use of this trademark and logo of Go Phonics must comply with the Foundations for Learning, LLC Guidelines as posted on the FFL/GP website. All other trademarks, product names, and company names and logos appearing are the property of their respective owners.
6. Guard Your Password
You must safeguard the user name and password you use to access this Site. You agree not to disclose or share your password with any third party, and are solely responsible for the use of your user name and password. You agree to take sole responsibility for any activities or actions made with the use of your password, whether or not you have authorized such activities or actions. You will immediately notify FFL/GP of any unauthorized use of your password.
7. Links
The Site may contain, or users may include in User Contributions, links to other websites or resources. You acknowledge and agree that FFL/GP is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on, or available from, such sites or resources. The inclusion of any link on the Site does not imply that FFL/GP endorses the linked site. You use the links and these other websites at your own risk.
8. Notices
FFL/GP will give you any necessary notices by posting them on the Site. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.
9. Termination
If you violate any of these terms, your permission to use the Site, Content, and/or Services will automatically terminate. FFL/GP reserves the right to revoke your access to and use of the Site, Content, and/or Services at any time, with or without cause. FFL/GP also reserves the right to cease providing access to or to change the Site, Content, and/or Services at any time and without notice. The provisions regarding Indemnity, Limitation of Liability, Controlling Law and Jurisdiction, and any other provisions which should by their nature survive, will survive termination of these Terms of Use.
10. Indemnity
You agree to defend, indemnify, and hold FFL/GP, its officers, directors, employees, and agents harmless, from and against any claims, actions, or demands (including, without limitation, reasonable legal and accounting fees) made by any third party due to, or resulting from, your use of the Site, Content, Services, and/or other users’ User Contributions, or your violation of these Terms of Use. You also agree to defend, indemnify, and hold FFL/GP, its officers, directors, employees, and agents harmless, from and against any third party claims relating to your User Contributions including, without limitation, claims that the User Contributions infringe the intellectual property or proprietary rights of others.
11. Support and Service Level
FFL/GP strives to provide services on a continuous basis. To that end, FFL/GP will take all commercially reasonable efforts to provide uninterrupted access to the Site. However, from time to time, you may be unable to access the Site due to conditions beyond FFL/GP’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability, FFL/GP will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and internet service necessary for use of the Site.
12. The Site is Available “AS-IS”
We will try very hard to make your experience with us helpful. We will make reasonable efforts to provide continuous, uninterrupted, expedient, and error-free service to you. Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, as well as service interruptions. For this reason, and without limiting the foregoing, YOU ACKNOWLEDGE AND AGREE THAT THE SITE, CONTENT, AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
FFL/GP MAKES NO WARRANTY regarding any goods or services purchased or obtained through the site, except as explicitly stated, regarding the accuracy or reliability of any information obtained through the site including, without limitation, user contributions, or any transactions entered into through the site or its services, and FFL/GP disclaims any and all liability relating thereto.
No advice or information, whether oral or written, obtained by user from FFL/GP or through the site, content, and/or services shall create any warranty not expressly made herein, and FFL/GP disclaims any and all liability relating thereto.
13. Limitation of Liability
Neither FFL/GP nor any other party involved in creating, producing, or delivering the site, content, and/or services shall be liable for any incidental, special, consequential, or indirect damages resulting from your access to, use of, or inability to use the site, content, and/or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not FFL/GP knows of the possibility of such damage.
14. Severability
In the event any term or provision of these Terms of Use is in violation of, or prohibited by, any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating, amending, or deleting any other terms or provisions of these Terms of Use.
15. Controlling Law and Jurisdiction
These Terms of Use and any action related thereto shall be governed, controlled, interpreted, and defined by and under the laws of the State of Washington and the United States, without regard to the conflicts of law provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use shall be the state courts of the State of Washington and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
If you have any questions about these Terms of Use, please CONTACT US.
This Terms of Use Policy is effective as of March 1, 2016.
© 2016 Foundations for Learning, LLC. All rights reserved.