Agreement between
User and https://edu-therapeutics.com/
Welcome to https://edu-therapeutics.com/. The
https://edu-therapeutics.com/ website (the “Site”) is comprised of
various web pages operated by Learning Time Inc (“EDU-T”).
https://edu-therapeutics.com/ is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of https://edu-therapeutics.com/ constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
https://edu-therapeutics.com/ is a Non-Profit Site.
To help all individuals with Learning Disabilities like
Dyslexia, ADD, ADHD, speech challenges, Memory disabilities and Individuals
with special learning needs
Privacy
Your use of https://edu-therapeutics.com/ is subject to
EDU-T’s Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.
Electronic
Communications
Visiting https://edu-therapeutics.com/ or sending emails to
EDU-T constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that EDU-T is not
responsible for third party access to your account that results from theft or
misappropriation of your account. EDU-T and its associates reserve the right to
refuse or cancel service, terminate accounts, or remove or edit content in our
sole discretion.
Children Under
Thirteen
EDU-T does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under
18, you may use https://edu-therapeutics.com/ only with permission of a parent
or guardian.
Cancellation/Refund
Policy
Any cancellations made after 7 days of service on Learning
Ability Web Programs will not qualify for a refund. Please contact us at
[email protected]–therapeutics.com with any questions.
Books or DVD sales are non-refundable
Links to Third Party
Sites/Third Party Services
https://edu-therapeutics.com/ may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the control
of EDU-T and EDU-T is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. EDU-T is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
EDU-T of the site or any association with its operators.
Certain services made available via
https://edu-therapeutics.com/ are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the https://edu-therapeutics.com/ domain, you hereby acknowledge and consent
that EDU-T may share such information and data with any third party with whom
EDU-T has a contractual relationship to provide the requested product, service
or functionality on behalf of https://edu-therapeutics.com/ users and
customers.
No Unlawful or
Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use https://edu-therapeutics.com/ strictly in accordance
with these terms of use. As a condition of your use of the Site, you warrant to
EDU-T that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party’s use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of EDU-T or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. EDU-T
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of EDU-T and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of EDU-T or our licensors except as expressly
authorized by these Terms.
Third Party Accounts
You will be able to connect your EDU-T account to third
party accounts. By connecting your EDU-T account to your third party account,
you acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by
EDU-T from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the EDU-T Content accessed through
https://edu-therapeutics.com/ in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless EDU-T, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney’s fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. EDU-T reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
EDU-T in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EDU-T
agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEARNING TIME
INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
LEARNING TIME INC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION
OF ANY KIND. LEARNING TIME INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL LEARNING TIME INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEARNING TIME INC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
EDU-T reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California
in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and EDU-T as a result of this agreement
or use of the Site. EDU-T’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of EDU-T’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by EDU-T with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, 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.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and EDU-T with respect to the
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and EDU-T with
respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.
Changes to Terms
EDU-T reserves the right, in its sole discretion, to change
the Terms under which https://edu-therapeutics.com/ is offered. The most
current version of the Terms will supersede all previous versions. EDU-T
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
EDU-T welcomes your questions or comments regarding the
Terms:
Learning Time Inc
14401 Roland Canyon Rd
Salinas, California 93908
Email Address:
Telephone number:
(831) 484-0994
Effective as of November 14, 2019