Learning Without Tears Website Terms of Service
Effective Date: June 17, 2017
PLEASE READ CAREFULLY! BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
Welcome to Learning Without Tears!
SECTION 1. Introduction
Thanks for coming to Learning Without Tears! We’re excited you’re here but we have some rules you need to agree to before you use our website. These terms and conditions (“Conditions”) apply to the entire contents under the domain www.lwtears.com (“Website”). Using this Website indicates that you accept these terms. This Website and all of its content, including but not limited to, all text and images, are owned and copyrighted by No Tears Learning, Inc. d/b/a Learning Without Tears (“We”, “Us”, “Learning Without Tears”). We are located at 8001 MacArthur Blvd, Cabin John, MD 20818, United States. If you have any questions, comments, or concerns, regarding this Website Terms of Service, please contact us at info@lwtears.com or 1-888-983-8409.
SECTION 2. Modification
[Basically, we may change our conditions from time to time.]
Learning Without Tears may update or modify these Conditions at any time. When we modify these Conditions, we will incorporate the modifications into this document and will update the “Effective Date” at the top. Modifications to the Conditions will automatically be effective two (2) days after they are initially posted. Please check this page periodically for changes. Your continued use of this Website following the posting of changes to the Conditions constitutes acceptance of those changes.
SECTION 3. License and Conditions
[Basically, please don’t hack us or submit inappropriate content.]
We grant you a limited license to access and make use of our Website. As a condition of such license, you agree:
- not to download any part of the Website, except where we encourage you to.
- not to modify any part of the Website
- not to resell or make any commercial use of this Website or its contents
- not to misuse the Website, including conduct such as hacking, using robots, using spiders, automating the submission of data, and the use of data mining or similar data gathering tools.
Certain areas of our Website invite you to upload, post, e-mail, or otherwise transmit content (“User Content”). When you do so, you are:
- responsible for the User Content you submit
- responsible for ensuring the User Content is accurate and up-to-date
Learning Without Tears does not pre-screen the User Content submitted to this Website, and therefore is not responsible for policing, monitoring, or editing such User Content. We have the right, but not the obligation, to monitor User Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Conditions and other applicable policies.
SECTION 4. Intellectual Property
[Basically, this Website contains our intellectual property.]
Learning Without Tears owns the copyright, trademark, and the intellectual property rights in all materials on this Website (including without limitation text, photographs, and graphics).
SECTION 5. Liability
[Basically, we are not responsible if you misuse our Website.]
Learning Without Tears and our officers, directors, employees, shareholders, or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
SECTION 6. Data Collection
[Basically, we collect some data about your use of our Website to enhance your experience.]
We automatically collect certain types of usage information when visitors view our Website. We may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets Learning Without Tears help you log in faster and enhance your navigation on our Website. Cookies may also provide us with information on how you use our Website that in turn helps us improve your experience. We may also collect log file information from your browser or mobile device each time you access our Website. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, number of clicks and how you interact with links on the Service, pages viewed, and other such information.
We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. We do not allow third party advertising networks to collect information about the users of our Site or Service.
SECTION 7. General Legal Terms
[Basically, here are some common legal terms that protect us.]
Indemnity. You agree to defend, indemnify and hold harmless Learning Without Tears and its agents, licensors, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Conditions, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any applicable law, rule or regulation, including but not limited to FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”); or (iv) any content or information that is submitted to the Website.
Warranty Disclaimer. The Website is provided “as is” and Learning Without Tears makes no warranties of any kind, whether express, implied, statutory or otherwise, and Learning Without Tears specifically disclaims all implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement or warranties that may arise by operation of law.
Choice of Law. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts in Montgomery County, Maryland for the resolution of any disputes or conflicts arising out of or related to this Agreement.
Relationship of Parties. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner or partner of the other party, and the relationship between the parties will solely be that of independent contractors.
Assignment. Neither the Conditions nor any right or duty under the Conditions may be transferred, assigned or delegated by you by operation of law or otherwise, without the prior written consent of Learning Without Tears.
Waiver, Severability. Failure of Learning Without Tears to enforce a right under the Conditions shall not act as a waiver of that right or the ability to later assert that right relative to the particular claim involved, nor shall any course of conduct between Learning Without Tears and you or any other party be deemed to modify any provision of the Conditions. If any provision of the Conditions shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the Conditions.
Entire Agreement. The Conditions constitute the entire agreement between Learning Without Tears and you and govern your use of the Website, superseding any prior agreements between you and Learning Without Tears with respect to the Website. You may be subject to additional terms and conditions that will apply when you use or purchase Learning Without Tears services and products.