Scope. These Free Trial Terms of Service ("Terms") govern your use of the free trial of FUN HUB® Practice (the "Free Trial” or “Services") operated by Wilson Language Training Corporation (“WLT,” “we,” “us,” or “our”). These Terms apply to anyone who accesses or uses the Services. By accessing or using the Services you agree, on behalf of yourself and your organization, to be bound by these Terms. Please read these Terms carefully before using the Services. Your right to access and use the Services is based on your acceptance of and compliance with these Terms. If you do not have the authority to agree to these Terms on behalf of your organization, do not use the Free Trial.
Organizations. We offer the Services to our customers who are individual educators, as well as to organizational clients. As used in these Terms, “you” refers to the authorized individual accessing the Services. In instances where you are accessing the Services on behalf of a school, district, local education agency, state agency, or other entity (each, an “organization”), “you” refers to such organization and its authorized users. If you are an organization, you are responsible for ensuring all users comply with these Terms.
Prior Agreement for FUN HUB. These Terms constitute the entire agreement between WLT and you regarding the Free Trial, and they supersede any prior agreements solely with respect to the Free Trial. If you and WLT have established an agreement for FUN HUB or other WLT products or services (the “Agreement”), then in the event of a direct conflict between these Terms and the Agreement, these Terms will prevail. If you do not agree to these Terms, in whole or in part, please do not use the Free Trial.
Subscription Term. Your access to the Free Trial will commence as of the date that you first access the Free Trial and will terminate automatically after sixty (60) days thereafter. For 2024 Wilson Conference attendees, your subscription will terminate automatically on June 30, 2025.
Privacy
Privacy. Your use of the Free Trial must comply with all local, state, and federal privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA). If your use is subject to FERPA, by accessing the Free Trial, you thereby appoint us as a “school official” as that term is used in FERPA, and you have determined that we have a “legitimate educational interest” for the purpose of carrying out our responsibilities under these Terms. By using the Free Trial, You represent and warrant that you have the right to provide WLT with any student data you provide (the “Student Data”). For a more detailed description of our privacy practices that apply to our collection and use of personally identifiable information through the Free Trial, please review our Digital Products Privacy Policy, available at https://www.wilsonlanguage.com/digital-products-privacy-statement/.
COPPA. A student may only use, and Student Data can only be used within the Free Trial with the prior consent of a parent, guardian, or eligible student, or by an organization acting on behalf of the student. When a Free Trial user is an organization, we receive Student Data pursuant to the “school official” exception under FERPA. The organization has direct control over our use, disclosure, and maintenance of Student Data, and our use of this data is limited to a school-authorized educational purpose. We provide additional information for organizations, educators, and parents related to COPPA in our Children’s Privacy Notice and COPPA Notice to Schools and Educators. When a Free Trial user is an individual educator, we require the educator to obtain express consent from a parent or guardian of any minors, and direct consent from students above the age of majority, prior to providing us with any Student Data. Individual teachers must provide parents with a consent form that describes the data that WLT will collect, how that data is used, and a link to our Digital Products Privacy Statement. By using our Free Trial, the educator represents that they have the right to provide us with any Student Data that they provide to us. For information about COPPA obligations and our data-collection and data-use practices, see the COPPA Direct Notice linked earlier in this paragraph.
Content and Intellectual Property of WLT
Grant of License. Subject to your compliance with these Terms (and, as applicable, the Agreement), WLT hereby grants you a non-exclusive, limited, non-sublicensable, non-commercial right to use, during the Subscription Term, the Services for your personal educational use only.
Proprietary Rights. The Free Trial and all related resources and content, including videos, manuals, worksheets, guidance, and activities (collectively, “Materials”) on or within the Services, is proprietary content of WLT. The Services and all Materials, including but not limited to text, images, videos, graphics, or code, are the property of WLT and are protected by copyright, trademarks, and other intellectual property rights. All rights not specifically granted in these Terms are fully reserved by WLT. The Materials are to be used exclusively by you and your students, and you agree not to distribute the Materials to other teachers or third parties, modify or create derivative works, or sell the Materials at any time. You agree to not distribute or make available to students any teacher’s guide materials. You may not input the Materials or any portion thereof into an artificial intelligence service, such as a generative AI tool. These Terms do not grant you a license to use any trademark of WLT or its affiliates.
We may provide no-cost updates to the Free Trial and Materials from time to time at our sole discretion. However, you do not have any right to receive or use any new feature, functionality, module or product that we may, in our sole discretion, release from time to time to all customers for purchase for an additional fee. We reserve the right to modify the Free Trial from time to time at our sole discretion.
Your Responsibilities
In connection with your use of the Services, you have the following responsibilities:
Territory. Please note that the Free Trial is intended for use only in the United States and Canada (excluding Quebec) currently. If you, your users, or your students are located outside of the United States or Canada (and including in Quebec) please email info@wilsonlanguage.com.
Limitation of Liability; Disclaimer of Warranties
WLT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WLT’S TOTAL LIABILITY CONNECTION WITH THE SERVICES EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100.00) DOLLARS.
AS A FREE TRIAL OF THIS NEW SERVICE, WLT MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND REGARDING THE SERVICES. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS, AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.