PHILLIPS FUNDAMENTAL LEARNING CENTER, INC
TERMS AND CONDITIONS FOR PHILLIPS FUNDAMENTAL LEARNING CENTER, INC.
WEBSITES: www.funlearn.org and thesoundcase.com.
VISITORS TO PHILLIPS FUNDAMENTAL LEARNING CENTER, INC WEBSITES
Phillips Fundamental Learning Center (PFLC) gladly provides access to its Websites free of charge, though subject to the following terms and conditions and all applicable laws. As a condition to your accessing and browsing this Website, you signify your informed acceptance of Phillips Fundamental Learning Center’s Legal Disclaimer (as it may be amended from time to time) and your agreement to follow the terms and conditions that are stated in this Legal Disclaimer. This Legal Disclaimer is a legally binding contract regarding your use of the products and services offered on Phillips Fundamental Learning Center’s websites, www.funlearn.org and thesoundcase.com. Please check back periodically for our Legal Disclaimer updates.
USE OF MATERIALS ON PHILLIPS FUNDAMENTAL LEARNING CENTER, INC GOOGLE DRIVE AND/OR LEARNING MANAGEMENT PLATFORM SUCH AS LIGHTSPEED VT
Adult students enrolled in Phillips Fundamental Learning Center courses are given access to downloadable information on a google drive. This information may be used and copied for your personal, noncommercial use only, as long as all copies include any copyright, trademark or other proprietary notice found on the page of the Website containing the materials of this Legal Disclaimer.
Adult students enrolled in Phillips Fundamental Learning Center’s The Soundcase, are given access to a downloadable video on a learning management platform, password protected, such as LightSpeed during the subscription Term (Six months after purchase of the Sound Case). The Downloadable material can only be used by you during the six-month subscription. This permission does not include the right to otherwise post the downloadable materials online or to distribute them through social media platforms or to share the password with others.
USE OF NAMES & LOGOS OF PHILLIPS FUNDAMENTAL LEARNING CENTER, INC
All of the Phillips Fundamental Learning Center names and logos are all related product information, service names, design marks and slogans are solely the trademarks or service marks of Phillips Fundamental Learning Center, and/or its subsidiaries or affiliates. The use of any Phillips Fundamental Learning Center name or mark in any advertising, publicity or in any other commercial manner, by you, or anyone authorized by you, is prohibited without the express written consent of Phillips Fundamental Learning Center. Please submit requests for such use to Phillips Fundamental Learning Center, attn: General Counsel.
HOW TO USE INFORMATION ON THE WEBSITE
Phillips Fundamental Learning Center gladly provides information in this website to educate the community about literacy, dyslexia, and ADHD. The information provided is not intended to act as a substitute for an examination, diagnosis and/or medical care provided by a certified and skilled health care professional. Use of this website does not establish a doctor-patient relationship. Although Phillips Fundamental Learning Center endeavors to keep this website current, health care information changes rapidly and thus the website should not be relied upon as fully comprehensive or error-free. Phillips Fundamental Learning Center does not advocate attempting to treat yourself, your child or someone you know without proper medical supervision. Phillips Fundamental Learning Center does advise you to seek the guidance of your health care provider if you feel that you, your child, or someone you know suffers from the conditions described within this Websites.
WARRANTIES & LIABILITIES
Phillips Fundamental Learning Center provides the product, services and materials found on the website “as is” and without warranty of any kind, either expressed or implied, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement.
In no event shall Phillips Fundamental Learning Center be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use or data whether brought in contract or tort, arising out of or connected with any Phillips Fundamental Learning Center websites or the use, reliance upon or performance of any products, services or material contained in or accessed from any Phillips Fundamental Learning Center website, even if Phillips Fundamental Learning Center has been advised of the possibility of such damages and even if the remedies set forth in this legal disclaimer fail their essential purpose.
There is always a possibility of computer viruses. Although Phillips Fundamental Learning Center is making every commercially reasonable effort to prevent the transmission of any viruses to or from the Phillips Fundamental Learning Center websites, placing your system online can expose you to outside attack. You release Phillips Fundamental Learning Center from all responsibility or liability for viruses. Phillips Fundamental Learning Center assumes no responsibility and cannot be held liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the website, or your downloading of materials, data, texts, images, video or audio from the site.
EXTERNAL LINK DISCLAIMER
For your convenience, the Phillips Fundamental Learning Center websites provides links to websites operated by third parties. When you click an external link, you will leave the Phillips Fundamental Learning Center website and enter a non-Phillips Fundamental Learning Center site. Phillips Fundamental Learning Center does not operate, control or endorse any information, products or services provided by third-party operators via the internet. Phillips Fundamental Learning Center is not responsible for the content and performance of third-party sites. Please know that if you choose to utilize the external linked sites, your use is at your own risk including any risks associated with harmful viruses.
Linking the Phillips Fundamental Learning Center website to any other website through hypertext, text, banner, logo or contextual link that permits a user to go from one party’s website to another by clicking the image or deep-linking is not permitted without Phillips Fundamental Learning Center's prior written consent.
The trademarks and service marks referenced in these websites are the trademarks and service marks of their respective owners unless they are expressly marked as being owned by Phillips Fundamental Learning Center. Any references that Phillips Fundamental Learning Center may make on the website to any names, marks, products or services of third parties, or to hypertext links to third-party sites, or to third-party information, are not meant to constitute or imply Phillips Fundamental Learning Center’s endorsement, sponsorship or recommendation of the third party, information, product or services.
PRIVACY OF INFORMATION GATHERED ON THE PHILLIPS FUNDAMENTAL LEARNING CENTER WEBSITE
The information that Phillips Fundamental Learning Center receives about you from your visit to our websites depends upon your actions when visiting the site. For example, our Phillips Fundamental Learning Center web server automatically recognizes the consumer’s domain name and email address for each visitor on the website.
While you are visiting the Phillips Fundamental Learning Center website, PFLC may collect one type of information about users: “Personal Information” (such as name, email address, mailing address, phone, credit card or debit card, personal preferences and other account-related information). We do not collect Aggregate Information or use “Cookies”. Personal Information is collected online when you voluntarily submit nonpublic personal information on the websites by requesting information, purchasing our products or services, receiving electronic notices or other similar communications and other similar activities.
PFLC will retain your Personal Information for fulfillment of the intended purposes for which such Personal Information is collected. PFLC will establish minimum and maximum retention periods based upon the type of information collected (i.e., sensitivity), the intended purposes and as otherwise may be legally required. As a general policy, PFLC does not share, sell or trade Personal Information with nonaffiliated third parties without permission from the user; however, PFLC will provide your Personal Information to third parties directly involved in the marketing, sale, operation, performance, support and/or maintenance of the website or each product or service offered on the website, including our website designers, hosts, service providers, technical consultants and business partners. Any Personal Information, however, will be used by such organizations only to perform their functions, to provide products and services related to or offered on the website and/or as otherwise approved by you and for no other purpose. PFLC also may divulge Personal Information if such information is required for us to comply with any valid legal process (such as a subpoena, search warrant, statute or court order) or if PFLC reasonably believes that you have or will commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.
PRODUCT & INFORMATION AVAILABILITY
The Phillips Fundamental Learning Center websites are managed in the State of Kansas, United States of America. PFLC does not make any representation that it is doing business in all geographic areas or that its products or services will be available in any particular country or jurisdiction. You are responsible for compliance will all applicable local laws and regulations if you access the PFLC websites from other locations.
ACCOUNTS FOR PRODUCT PURCHASES & DONATIONS
To purchase products from PFLC’s website stores or make donations online, you much submit the necessary contact and payment information, including without limitation your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to PFLC. By providing such information to PFLC by any means (e.g., email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Phillips Fundamental Learning Center for use in processing your orders from PFLC websites.
Certain portions of the website may be protected by passwords or require a login. If you have been given a password or other PIN for access to nonpublic areas of the Website, you are solely responsible for all activities occurring in connection with or originating from such password or PIN. You are responsible for the security of your passwords and all use of any account set up by you on PFLC’s websites, and PFLC will not provide passwords to your account to anyone but you.
To purchase the products and services using the payment method displayed on the website (e.g., VISA, MasterCard, PayPal, Square, etc.), you must be 18 years of age or over. By using the PFLC website payment method, you confirm that you possess the legal authority to enter into the conditions of use for the website, including instructing PFLC to collect any payments from a credit or debit card and to use the website in accordance with all terms and conditions.
Billing to your credit card or to your account occurs at the time of purchase or shortly thereafter. ALL SALES ARE FINAL. PFLC will charge tax in states where such purchases are taxable, and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Website, and you expressly authorize PFLC to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to PFLC.
You may terminate any use of any account(s) in your name at any time by notifying PFLC in writing of your intent to terminate subject to full payment of any costs charged to your account(s). You agree that PFLC, in its sole discretion, may terminate your account(s) (or any part thereof) or access to and use of the PFLC website, and remove and discard any information stored on the PFLC website, for any reason, including, without limitation, for lack of use or if PFLC believes that you have violated or acted inconsistently with the intent of this Agreement or otherwise are in breach of its agreement with PFLC (including without limitation nonpayment). You agree that any termination of your accounts and your access to the PFLC websites (or any products and services) under any provision of this Legal Disclaimer may be affected without prior notice, and acknowledge and agree that PFLC may immediately deactivate or delete your account(s) and/or bar any further access to such accounts or the PFLC websites. Further, you agree that PFLC shall not be liable to you or any third party for any termination of your access to your account(s) or the PFLC website.
We deploy security precautions that are intended to help maintain the confidentiality, integrity, and availability of your data stored by PFLC, including use of firewalls, encryption, authentication technologies, and background screening of employees who will have access to your data. However, the internet is not perfectly secure, and we are not responsible for security incidents that are not reasonably foreseeable or reasonably within our control.
Your use of the Services 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 Services, you thereby appoint PFLC a “school official” as that term is used in FERPA, and you have determined that PFLC has a “legitimate educational interest” for the purpose of carrying out our responsibilities under these Terms. You represent and warrant that you have the right to provide PFLC with any student data you provide the “Customer Data”. You hold all right, title, and interest in and to such Customer Data. You hereby grant PFLC a royalty-free license to the Customer Data during the Subscription term for the purpose of providing you with the Services and supporting that access. In addition, you grant PFLC a royalty-free, perpetual license to use your Customer Data in a de-indentified format for product development and research purposes, consistent with FERPA. PFLC will not attempt to re-identify such de-identified data and will ensure that any third party that receives access to the de-identified data agrees to not attempt to re-identify it. PFLC will be bound by the relevant provisions of FERPA, including that it will remain under the direct control of Customer with respect to its use and maintenance of “education records” as that term is defined in FERPA.
IMPROPER USE OF PHILLIPS FUNDAMENTAL LEARNING CENTER’S WEBSITES
You shall not access or use any files or portion of PFLC's websites for which you have not been authorized. You shall not upload onto PFLC’s websites, or otherwise use this website for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized information or materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or other false or misleading information. You shall not impersonate any person or entity, including, but not limited to, PFLC employee or government official, or falsely state or otherwise misrepresent your affiliation with a person or entity. PFLC reserves the right to object to any use of, and immediately terminate access to, PFLCs website including prohibited and unlawful conduct, even if that use is not expressly prohibited by this Agreement. IMPROPER USE OF THIS WEBSITE WILL RESULT IN LOSS OF ACCESS TO THIS WEBSITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
You agree that this Legal Disclaimer is governed by the laws of the State of Kansas and that proper and convenient venue lies exclusively with the courts of Sedgwick County, Kansas. You agree that the statute of limitations for any claim against PFLC shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
PFLC reserves the right to amend the terms and conditions of this Legal Disclaimer at any time without prior notice. Notice of modifications may be given by posting notice of such changes on the Phillips Fundamental Learning Center website, by email, by facsimile or by regular mail. You agree that your use of the PFLC websites constitute acceptance of all of the terms and conditions as they may be amended in the future. PFLC shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by a duly authorized officer of Phillips Fundamental Learning Center. PFLC further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PFLC websites (or any part thereof) with or without notice. You agree that PFLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PFLC website.
Phillips Fundamental Learning Center does not knowingly solicit data from children or knowingly market to children. PFLC is concerned about the safety of children and their use of the internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998 (“COPPA”), it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that PFLC receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, PFLC will delete that information from its database as quickly as is reasonably practical.