Terms
of Use
AGREEMENT BETWEEN THE USER AND INTERLEARNING INTERNATIONAL, INC. and INTERLEARNING INTERNATIONAL LTD.
This Agreement constitutes a binding agreement between the user and InterLearning International, Inc. ("ILI") with respect to the use of this Web site and its content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ILI.
IF YOU ARE UNDER 18, YOU ARE UNABLE TO ENTER INTO THIS END USER AGREEMENT. YOUR PARENT OR LEGAL GUARDIAN MUST ENTER INTO THIS AGREEMENT ON YOUR BEHALF.
If you are a parent or legal guardian of a minor who wises to access the educational services offered by us or any related services offered through this Site (as defined below) or the Site itself ("Services"), you must accept the terms of this Agreement on your behalf and on behalf of such minor before permitting such minor to use our Services. The terms "you" or "User" or "your" include the actual user of our Services or, if the actual user of our Services is a minor, the parent or legal guardian who has entered into this Agreement on such minor’s behalf in addition to such minor.
PLEASE READ THIS AGREEMENT CAREFULLY! By clicking the "I AGREE" button, you (1) acknowledge that you are over the age of eighteen (18) years and have the capacity to enter into a binding agreement and (2) agree to be bound by the terms and conditions in this Agreement on your behalf (and, if you are a parent or legal guardian entering into this Agreement on behalf of a minor, on the behalf of any person who you permit to access our Services); and (3) agree that you shall be responsible for any infringement or violation of the terms of the Agreement by yourself (and, if you are a parent or legal guardian entering in this Agreement on behalf of a minor, any person who you permit to access our Services). If you do not agree to these terms and conditions, please do not use our Services.
We reserve the right to modify, change, add or remove portions of this Agreement, the availability of any of our Services, or any of the fees charged for our Services at anytime. Any changes we make will be effective seven (7) days after we provide notice of such changes via a posting on the InterLearning International Website (the "Site"), electronic mail or similar means. Please bookmark this page and return to it periodically to review the Agreement for any changes. Your continued use of the Site and/or its Services following any amendments to this Agreement constitutes your express agreement to the amendments. If any of our changes are unacceptable to you, you may terminate this Agreement pursuant to the "Termination" provision of this Agreement. This Agreement was last revised on the date posted above.
This Web site is offered to you conditional upon your acceptance of the terms, conditions and notices contained on this page and where found on other pages of this Web site. As used in this Agreement, "we" means (and "us," "our" and "ours" refer to) ILI. Your continued use of this Web site constitutes your agreement to all of these terms, conditions and notices. If you do not agree to this agreement, please do not use this Web site.
PERSONAL
AND NON-COMMERCIAL USE
This Web site is for your personal, noncommercial use only, as a learning
resource. You may not copy, transmit, display, perform, reproduce, modify,
distribute, publish, license or sublicense, create derivative works from,
transfer or sell, or in any way exploit of the information obtained from this
Web site, in whole or in part, unless you have our prior express permission, or
except as otherwise expressly permitted in this Agreement.
You shall not use this Web site for any commercial purpose and shall not distribute on this Web site any advertising or solicitation of funds or goods and services without our express written consent. In addition, you shall not use this Web site to solicit members to join other online information services that are competitive with this Web site.
LICENSE
GRANT FOR SOFTWARE
We will make available to you certain client software available for download at
www.interlearning.com ("Software") to be used solely to access the
Services. Subject to the terms and conditions of this Agreement, we grant to you
a nonexclusive, nontransferable, nonsublicensable, limited license to install
and execute the Software on your computer, for the sole purpose of accessing the
Services. In other words, this license is personal to you, and you may not
sublicense, transfer, assign, sell or otherwise permit the Course(s) / Program(s)
to be accessed and used by any other person or entity.
RESTRICTIONS
You hereby acknowledge and agree that you shall not utilize the Services or the
Software for any purpose other than for your own educational purposes. You
hereby agree that you shall not attempt to copy, download, or otherwise access
the Services or Software, except as expressly permitted herein. In addition, you
shall not (i) adapt, alter, maintain or create derivative works based on,
enhance, modify, or translate the Services or the Software in whole or in part,
(ii) sell, assign, distribute, lease, market, rent, sublicense, transfer,
or otherwise grant rights to the Services or the Software, or any copies
thereof, in whole or in part to any third party in any form, (iii)
obfuscate, remove or alter any of the logos, trademarks, internet links, patent
or copyright notices, confidentiality or proprietary legends or other notices or
markings that are on or in the Services and/or the Software or that are
displayed by the Services and/or the Software, (iv) decompile,
disassemble, reverse engineer, or otherwise determine or attempt to determine
source code or the executable code of the Service, the Software or any software
comprising or underlying the Site or the Services; or (v) use the
Services and/or Software in any way except as expressly permitted herein.
OWNERSHIP
You acknowledge that you have no ownership or other interest or license in the
Services or Software except to the extent of the rights expressly granted
herein. All title, ownership rights, and intellectual property rights (including
without limitation all applicable rights to copyrights, trade secrets, patents,
and trademarks) in and to the Services or Software, and any modifications or
enhancements made to the Services or Software, belong to and will remain with us
or our third party licensors.
PRIVACY
Any information you provide to us about you is subject to our Privacy Statement.
For more information, please see our full Privacy Statement.
PROPRIETARY
RIGHTS
InterLearning International, Inc., InterLearning, ILI, the ILI logo, and
other InterLearning International Ltd, logos, product and service names, and
associated domain names are trademarks of InterLearning International, Inc.,
Inc. ("our Marks"). You agree not to display or use our Marks in any
manner without our prior express permission.
You acknowledge that this Web site contains information services, information, interactive forums, software, photographs, audio and video clips, graphics, text, logos, button icons, images, software and courseware and other content that is protected by copyright, trademark or other proprietary rights. In addition, this Web site contains information, software and other content provided by third parties that is protected by copyright, trademark or other proprietary rights of such parties. All content on this Web site is copyrighted as our collective work pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions available on or accessed through this Web site. Please see our full Copyright Statement.
CONFIDENTIALITY
In connection with your use of the Services, we may provide you with access
to Confidential Information (as defined below). You shall treat all such
Confidential Information as strictly confidential, whether or not the
Confidential Information is marked or otherwise designated as such. You shall
not disclose or make such Confidential Information available in any form to any
third party or to use any Confidential Information for any purpose other than
for its intended use under this Agreement. Your obligations with respect to
Confidential Information shall survive termination of this Agreement for a
period of three (3) years.
For purposes of this Agreement, the term "Confidential Information" means all proprietary or nonpublic information, data and materials, which we have provided, or may in the future provide, to you regarding our Services, Software, or other information about our operations. Confidential Information includes, but is not limited to, the Services, Software, trade secrets, technology, learning methods and teaching systems. Confidential Information may include information and materials of third parties.
RESTRICTIONS
ON USER CONDUCT
You agree not to use this Web site to:
a. Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, without our prior express approval.
e. Upload, post, email or otherwise transmit 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 software or hardware or telecommunications or equipment in connection with this Web site;
f. Interfere with or disrupt this Web site or servers or networks connected to this Web site, or disobey any requirements, procedures, policies or regulations of networks connected to this Web site;
g.
Collect or store personal data about other users.
MEMBER-POSTED
CONTENT; MEMBER-CREATED COURSES
You hereby represent and warrant that you own and are authorized to grant
all rights to any content that you post to this Web site. You hereby grant us
the perpetual, non-exclusive, transferable, royalty-free license to edit,
modify, copy, publish, distribute, translate and otherwise use any such content
(including any courses created by you) that you place on this Web site, in any
medium, and to sublicense such right to third parties.
Subject to our Privacy Policy, located on this Web site, you agree that we have the right to use the data entered by you onto the Services, and any other data obtained by or transmitted through the Services for all purposes related to the Services and for analytic, statistical, quality control and similar purposes.
DEALINGS
WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of
third parties (including but not limited to affiliates, advertisers and
sponsors) found on or through this Web site, 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
third parties. You agree that we 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 third parties on this Web site.
LINKS
This Web site may provide, or third parties may provide, links to other World
Wide Web sites or resources. We have no control over such sites and resources,
and as such, you acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse and are not
responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any
loss, damage or injury to persons or property caused or alleged to be caused by
or in connection with the use of or reliance on any such content, goods or
services available on or through any such site or resource. You should contact
the site administrator or Webmaster of the sites owned and operated by such
third parties if you have any concerns regarding such links or sites.
REGISTRATION
OF MEMBERS
You are required to select a password and provide information about yourself as
part of our registration process. You shall provide accurate, complete, and
current registration information and you agree to notify us of any changes to
your registration information within 15 days of such change(s).
Your right to use this Web site is personal to you and cannot be transferred to any other person. You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with this agreement.
We reserve the right to remove any content from our Site and/or terminate the membership of any user at our complete and sole discretion, upon discovery that any information provided is not complete or accurate, or in violation of this Agreement, or any rules or regulations.
PAYMENTS
OF CHARGES AND FEES
You agree to pay all fees and charges incurred by you or any third party using
your account (whether or not authorized by you) at the rates in effect for the
billing period in which such fees and charges are incurred, including, but not
limited to, applicable taxes and charges for any products or services offered
for sale through this Web site by us or by any third party.
We reserve the right to change the amount of any fee or charge for this Web site or to institute new fees or charges, effective on at least 10 days prior notice posted on our home page, on this Web site.
TERMINATION
You may give us notice to terminate your account at any time by sending us email
at membership@interlearning.com.
You will receive a confirmation via e-mail that your termination notice was
received, and your access will be terminated one business day after receipt of
your termination notice ("the Termination Date"). You will not be
entitled to a refund of any payments made or any payments payable by you prior
to the Termination Date. Any amounts paid by you are nonrefundable and any
amount due from you prior to the termination date shall remain due and payable
in full.
We reserve the right, in our sole discretion and without prior notice, to restrict, suspend or terminate your access to all or any part of this Web site at any time for any violation of or any action that is inconsistent with the letter and the spirit of this Agreement.
We further reserve the right at any time and from time to time to modify, suspend or discontinue any aspect of this Web site, temporarily or permanently, with or without notice. You agree that we shall not be liable to you, nor to any third party for any modification, suspension or discontinuance of any feature, database, or content of this Web site.
This Agreement will commence upon your first use of the Site, and will continue in force until terminated as provided below.
In the event of termination of this Agreement, you shall (i) immediately cease using the Services and the Software; (ii) return or destroy, at our option, all Confidential Information, including without limitation the Software, and all and portions and/or copies thereof, in any form whatsoever, and erase from all computer, electronic or other storage devices or otherwise destroy all images and copies of such materials and all portions thereof; and (iii) pay all fees due to us as of such termination date.
SURVIVAL
Your obligations under Restrictions, Confidentiality, Payment, Indemnity,
Survival and Miscellaneous shall survive this Agreement.
INDEMNITY
This Web site is designed to provide relevant information in regard to the
subject matter covered. However, information received from this Web site should
not be relied upon for personal, medical, legal or financial decisions. You
should consult an appropriate professional for specific advice tailored to your
situation
You agree to indemnify, defend and hold us and our officers, directors, owners, agents, content providers, licensors, affiliates, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of:
(1) your use of this Web site,
(2) your connection to this Web site,
(3) your violation of this Agreement,
(4) your violation of any rights of another,
(5) any use or alleged use of your account or password by you or any person, whether or not authorized by you, or
(6) any content you submit, post to or transmit through this Web site.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMER
(1) THIS WEB SITE IS DESIGNED TO PROVIDE RELEVANT INFORMATION IN REGARD
TO THE SUBJECT MATTER COVERED. HOWEVER, INFORMATION RECEIVED FROM THIS WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS.
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
(2)
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS
OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR
INSTRUCTION CONTAINED IN THE MATERIALS PROVIDED TO YOU
(3)
WE DO NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO
WE MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THIS WEB SITE
OR THE CONTENT. THIS WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS,
AS AVAILABLE" BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THIS WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THIS WEB SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THIS WEB SITE AND THE ACCURACY OR SOLELY YOU ASSUME COMPLETENESS
OF THE CONTENT.
(4) WE 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 EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEB SITE; (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 THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE.
(5) THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
REMEDIES
You agree that, due to the unique nature of our Services, Software and
Confidential Information, the unauthorized disclosure or use of our Services,
Software or Confidential Information will cause irreparable harm and significant
injury to us, the extent of which will be difficult to ascertain and for which
there will be no adequate remedy at law. Accordingly, you agree that we, in
addition to any other available remedies, shall have the right to seek an
immediate injunction and other equitable relief enjoining any breach or
threatened breach of this Agreement.
NOTICES
Except as explicitly stated otherwise herein, any notices will be given to the
e-mail address provided by you during the registration process, or the most
recent email address we have for the you. Notice will be deemed given
twenty-four (24) hours after an e-mail is sent, unless the sending party
is notified that the email address is not valid or the e-mail is undeliverable.
Alternatively, we may give you notice by certified mail, postage prepaid and
return receipt requested to the address provided to us during the registration
process. When notice is mailed, it will be deemed given three (3) days
after the date of mailing. Notice to us may be sent to InterLearning
International, Inc., P.O. Box 1402, Ross, CA 94957.
ASSIGNMENT
You may not assign any of your rights or obligations under this Agreement in any
manner whatsoever, whether voluntarily, by operation of law or otherwise,
without our express, written consent.
LEGAL
NOTICES
Under California Civil Code Section 1789.3, California residents are entitled to
the following specific consumer rights information:
(a) Pricing Information: Current rates for our Services may be obtained by our Web site. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
(b) Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
GENERAL
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and
regulations concerning your use of this Site, the Software and the Services.
APPLICABLE
LAW AND JURISDICTION
This agreement is governed by the laws of the State of California, U.S.A. You
hereby consent to the exclusive jurisdiction and venue of courts in Marin
County, California U.S.A. in all disputes arising out of or relating to the use
of this Web site. Use of this Web site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
this paragraph. If any part of this agreement is determined to be invalid or
unenforceable, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision, and the remainder of the agreement shall
continue in effect.
I agree,
