Terms and Conditions
Please Read the Following Carefully:
1. We Respect Your Privacy
2. Your Use of this Site
Your access to, and use of the Site, Content, and/or Services is at your own risk. WLT 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 WLT disclaims any and all liability relating to such communications.
You assume all risks associated with dealing with other users or parties you come into contact with through your use of the Site, Content, and/or Services, including but not limited to the risk of physical harm, of dealing with unknown strangers, foreign nationals, underage individuals, or others acting under false pretenses. You hereby release and agree to hold WLT, its affiliates, officers, directors, employees, and agents, harmless from any and all claims, demands, and damages (whether actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of, or in any way connected with, your assumption of such risks.
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 Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date.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 WLT, 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 WLT 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 WLT 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 WLT.
Wilson Language Training®, Wilson®, Wilson Reading System®, Fundations®, Wilson Academy®, Wilson Fluency®, Wilson Cursive®, and Just Words® are all trademarks or service marks of Wilson Language Training Corporation. Use of these trademarks and all other service marks, trademarks, and logos of Wilson Language Training Corporation must comply with the Wilson Language Training Corporation Trademark Guidelines as posted on the WLT website. All other trademarks, product names, and company names and logos appearing are the property of their respective owners.
6. User Contributions
When you post information, comments, text, links, or other materials (“User Contributions”) to the Site, you are granting or warranting that the owner of such User Contributions has expressly granted to WLT a worldwide, fully transferable, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive license to use, copy, modify, display, perform, distribute, and/or create derivative works based on the User Contributions.
You represent and warrant that you have all necessary rights, title, and interest (i) in and to the User Contributions, and (ii) to grant the licenses contained herein to WLT.
WLT does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality, or applicability of anything said or written by users, including, without limitation, the User Contributions and any information made available through this Site. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment using the Site and Services in evaluating any statements made by other users and in disclosing personal information to other users. WLT recommends that you do not disclose personal contact information to users.
7. Digital Millennium Copyright Act
WLT respects the intellectual property of others and expects users of the Site to do the same. At WLT’s sole discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Site, Content, and/or Services by users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide written notice to WLT’s Copyright Agent with the following information:
- A subject line that says “DMCA Copyright Infringement Notice”
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, that is reasonably sufficient to permit us to locate the material (please include the URL);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
WLT’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
M. McCafferty, General Counsel
It is often difficult to determine if copyright has been infringed. WLT may elect to not respond to DMCA Notices that do not substantially comply with all the foregoing requirements, and WLT may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with DMCA.
Please note that the DMCA provides that any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting WLT’s other rights, WLT may, in appropriate circumstances, terminate an infringer’s access to the Site.
8. 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 WLT of any unauthorized use of your password.
9. User Conduct Rules
In connection with your use of any of the chat areas, message boards, email or other public communication elements that may be available on this Site, you agree to use this Site for lawful purposes only. You also agree that:
- You will not intentionally or unintentionally violate any applicable law or regulation.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that is obscene, hateful, abusive, threatening, harassing, defamatory, libelous, tortious, or otherwise objectionable.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that invades or violates any privacy or publicity right.
- You will not use this Site for commercial purposes. You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that includes, without limitation, advertisements, promotions, commercial solicitations, or other forms of solicitation of any kind including chain letters and pyramid schemes.
- You will not impersonate, falsely state, or otherwise misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution you do not have the right to post, upload, transmit, link to, or distribute under any law, contractual duty, or fiduciary relationship.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that infringes a third party’s trademark, patent, trade secret, or copyright or other intellectual or proprietary rights.
- You will not delete, tamper with, or alter any material posted by any other person or entity.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that is harmful to (including, but not limited to, overloading, “flooding,” “spamming,” “crashing,” or “mail bombing” the Site) or interferes or attempts to interfere with the access of any user, host, or network, or that may damage the computer or data of any user, host, or network.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any file that is harmful (including, but not limited to, viruses, “Worms,” “Trojan Horses,” corrupted files, or any other similar contaminating or destructive software or programs) or interferes or attempts to interfere with the access of any user, host, or network, or that may damage the computer or data of any user, host, or network.
- You will not post, upload, transmit, link to, or otherwise distribute or publish any User Contribution that is unlawful or would constitute or encourage a criminal offense.
- You will not access, tamper with, or use non-public areas of the Site, WLT’s computer systems, or the technical delivery systems of our providers.
- You will not attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
- You will not attempt to access or search the Site with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by this Site or other generally available third party web browsers.
- You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive, or false source-identifying information in violation of state, national, or foreign law.
- You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
If WLT is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an online chat or discussion), WLT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content. WLT may disclose any Content or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect the rights or property of WLT, its Users, or Providers. WLT will comply with the Digital Millennium Copyright Act, as required by law.
WLT reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual users, or any rights of Wilson Language Training Corporation, or any third party, or to violate any applicable law. Notwithstanding the foregoing, WLT cannot ensure prompt removal of questionable Content after online posting. Accordingly, neither WLT, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on this Site.
The Site may contain, or users may include in User Contributions, links to other websites or resources. You acknowledge and agree that WLT 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 WLT endorses the linked site. You use the links and these other websites at your own risk.
WLT 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.
14. Support and Service Level
WLT strives to provide services on a continuous basis. To that end, WLT 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 WLT’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, WLT 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.
15. 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.
WLT 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 WLT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WLT OR THROUGH THE SITE, CONTENT, AND/OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND WLT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.
16. Limitation of Liability
NEITHER WLT 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 WLT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE.
18. Controlling Law and Jurisdiction