Wilson Language Training Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY: www.wilsonlanguage.com, www.wilsonacademy.com, and www.fundations.com, www.justwords.com (each individually called the “Site”) are websites of the Wilson Language Training Corporation (WLT). These Terms of Use govern your access to and use of each of these Sites, and any other WLT 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, Contents, and Specifications
  4. Accuracy of Information
  5. Intellectual Property
  6. User Contributions
  7. Digital Millennium Copyright Act
  8. Guard Your Password
  9. User Conduct Rules
  10. Links
  11. Notices
  12. Termination
  13. Indemnity
  14. Support and Service Level
  15. Site is “As Is”
  16. Limitation of Liability
  17. Severability
  18. Controlling Law and Jurisdiction

1. We Respect Your Privacy
Personal information collected from our users will be subject to the Wilson Language Training Corporation Privacy Policy, which is incorporated into these Terms of Use. To view the Wilson Language Training Corporation Privacy Policy click here http://www.wilsonlanguage.com/WLT_Privacy_Policy.html.

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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.

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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) in 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.

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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 currentness 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.

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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. These and other graphics, logos and service marks and trademarks of Wilson Language Training Corp. may not be used without prior written consent of Wilson Language Training Corp. All other trademarks, product names, and company names and logos appearing are the property of their respective owners.

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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, create derivative works based on and exercise any other right in the User Contributions, that is reasonably necessary for WLT’s legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and Services.
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 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 in, 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.

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7. Digital Millennium Copyright Act Compliance
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 WLT’s Copyright Agent the following information:

  • 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;

  • 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
ph: 508-368-6695
fax: 508-368-2312
email: Mjmccafferty@wilsonlanguage.com

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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 under your password, whether or not you have authorized such activities or actions. You will immediately notify WLT of any unauthorized use of your password.

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9. User Conduct Rules
In connection with your use of any of the chat areas, message boards, e-mail 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 and 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 Corp. 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.

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10. Links
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.

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11. Notices
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.

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12. Termination
If you violate any of these terms, your permission to use the Site, Content, and/or Services will automatically terminate. WLT reserves the right to revoke your access to and use of the Site, Content and/or Services at any time, with or without cause. WLT also reserves the right to cease providing 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.

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13. Indemnity
You agree to defend, indemnify, and hold WLT, 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 this Terms of Use. You also agree to defend, indemnify and hold WLT, 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.

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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.

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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 SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND WLT DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.

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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, OR 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.

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17. Severability
In the event any term or provision of these Terms of Use are 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 or amending or deleting any other terms or provisions of these Terms of Use.

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18. 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 Commonwealth of Massachusetts and the United States, without regard to the conflicts of laws 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 Commonwealth of Massachusetts 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 this Terms of Use please contact us at info@wilsonlanguage.com

This Terms of Use Policy is effective as of November 1, 2007, revised March, 2013.