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Foreign Languages for Kids by Kids® Terms of Use

I. Agreement

Welcome to Foreign Languages for Kids by Kids®! We know this isn’t as fun as learning Spanish with us, but please read through these terms carefully.

This Terms of Use Agreement (this “Agreement” or the “Terms of Use”) constitutes a legally binding contract between Foreign Languages for Kids by Kids®, LLC, (“FL4K,” “we,” “us,” “our”), and you (“User”) with respect to your use of our services, websites, products, applications for mobile devices and software (collectively, the “Site”). It is important that you carefully read and understand the terms and conditions of this Agreement. By accessing or using the Site or by clicking on the checkbox to indicate your agreement to these terms and conditions, you are consenting to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

Accessing or using the Site or clicking on the checkbox to indicate your agreement to these terms and conditions constitutes acceptance of these terms for you and your child using the Site.

From time to time, FL4K may update or revise this Agreement without notice to Users. Users should be advised of this and review this Agreement on a regular basis. If we make material changes to this Agreement, FL4K will notify User by posting a notice on the Site or sending an email to the address Shmoop has on file for User. Please ensure this address remains current so User will receive updates. Any changes FL4K makes will be effective immediately upon making such changes available on the Site or otherwise providing notice thereof. User agrees that continued use of the Site after such changes constitutes User’s acceptance of such changes.

In addition, unless explicitly stated otherwise, all new FL4K and FL4K-related products, services, tools, enhancements, and modifications to FL4K are subject to the Terms of Use now and at any time in the future.

II. Our Services

FL4K is an online provider of information, resources, guides, tools, and other related content about foreign languages and culture-related topics. FL4K provides features using and relating to its content, including, but not limited to, Online Courses, Print Teaching Guides, Workbooks, Stickers, DVDs, Flashcards, Card Games, and Board Games (collectively, all FL4K content, resources, guides, products, tools, and features are called “Online Services” or “Products”, as appropriate).

III. User Requirements

To use FL4K online services, User must have an electronic device, an internet connection, and sufficient bandwidth to access FL4K content. User is responsible for all costs associated with electronic equipment and internet connectivity. FL4K is not responsible for any problems, costs, or fees associated with equipment or connectivity.

User understands that the technical processing and transmission of FL4K Services, including User-generated content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

IV. Responsibilities of Use

User is wholly responsible for the use of FL4K Services, including but not limited to communications with other FL4K users. User acknowledges that all use of FL4K is subject to applicable federal, state, and local laws.

V. Registration and Access to FL4K Services

Upon registration or creation of a user account and profile as a FL4K user, User must provide personal information to FL4K. User affirms that the personal information provided about User is correct, accurate, and true as of the time of registration or creation of the user profile. User will update personal information on the FL4K website on a regular basis.

Certain tools, functions, and privileges of using the FL4K website, as well as changes to User‘s personal FL4K profile and account, will require an email address and password. User is responsible for safeguarding both the email address and password. User agrees that FL4K will not be held responsible, in any event, for misuse or unauthorized use of User‘s email address and password.

FL4K protects personally identifiable information as set forth in our Privacy Policy.Before using our Services, FL4K encourages Users to review the Privacy Policy, which explains pour collection and use of personally identifiable information.

A.Children’s Online Privacy Protection Act (COPPA)

If you are a child under 13, you may not register an account for the Site without consent and approval from your legal parent or guardian. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, on any child-targeted site or application, or in any instance where FL4K asks for age and determines you are under the age of 13, FL4K will ask for a parent or guardian email address in order to obtain parental consent before FL4K collects any personal information from the child.

If you as the User are a parent or legal guardian of a child under the age of 13, who may access or use the Site, you hereby give your express consent for that child to use the Site, which includes all the features and functionality pertaining to your registration, including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Site if you do not agree to the provisions of this section. You acknowledge that FL4K may choose, but is not obligated, to make any inquiries, either directly or through third parties, that FL4K deems necessary to validate your registration information. FL4K reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT FL4K CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY YOU AND FL4K IS NOT OBLIGATED TO VERIFY YOUR IDENTIFY OR TO VERIFY THAT A PARENT IDENTIFIED BY YOU DURING REGISTRATION IS YOUR ACTUAL PARENT OR GUARDIAN.

VI. Subscriptions, District Licenses, Trials, Payments, and Cancellations

A. Subscriptions

User may subscribe to access FL4K’s Online Services through a subscription (“Subscription”):

The Online Service permits Users to access all of FL4K’s online content and services for its Spanish Program. The Service is hereinafter referred to as “Paid Subscriptions”.

User is prohibited from modifying, transmitting, publishing, participating in transfer of sale, creating derivative works, or in any way exploiting any content, resources, or tools included in FL4K Services, in whole or in part.

If User subscribes to FL4K’s Paid Subscription, User acknowledges and agrees that User may not share his or her username and password with, or transfer his or her subscription to another individual or entity.

A User who subscribes must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the User resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription website), and possess the legal right and ability to enter into binding contracts. Furthermore, a User may be an ‘Individual’ or ‘Multi-User’ Subscriber as follows:

  • Individual User, refers to an individual that subscribes to FL4K Online Services for his or her own individual use only;
  • Multi-User Subscriber, refers to an individual (“Subscribing User”) that subscribes for additional seats to the Paid Subscription for use by other users, who may include children, students, faculty, or other end users, etc. The Subscribing User under a Multi-User Subscription will remain liable for all acts or omissions of its Authorized End Users (defined below) with respect to access and use of the Services; furthermore and for the avoidance of doubt, the Subscribing User will be responsible for ensuring that its Authorized End Users remain fully compliant with the Terms of Use and the Privacy Policy. With respect to a Multi-User Subscription, the following terms will apply:
    • “Authorized End Users”, refers to the constituents of the Multi-User Subscriber. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”).
    • Subscribing User agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Paid Subscriptions or portions of it using User’s (or the Authorized End User’s) Authentication Information. User will notify FL4K immediately of any unauthorized access to, or use of, Authentication Information. FL4K has the right to disable any User or Authorized End User access to the Services at any time, in its sole discretion for any or no reason, including if, in FL4K’s opinion, User and/or Authorized End User has violated any provision of the Terms of Use or appear likely to do so.

B. Individual Users, or Multi-Users, may not make copies of any FL4K Products without purchasing a duplication license.

 

C. District, School, Teacher, and Co-op Licenses (“Academic Licenses)

School districts, schools, teachers, and Co-opsmay subscribe to access Fl4K’s Online Services through a license (“Academic License”):

Academic License Users have to access all of FL4K’s online content and services, unless otherwise specified in writing. Access to FL4K Services for Users on an Academic License are subject to theLicense administrators’ (“Administrators”) discretion. Users on an AcademicLicense permit their Administrators to access aggregate data and analytics for Users under their AcademicLicense.

For FL4K Products, an Academic License must specify inclusion of a duplication license, for copies to be permitted of physical products.

In addition to this Agreement, AcademicLicense accounts are governed by the terms of their individual license agreement (“License Agreement”).

C. Trials

FL4K may offer trials of its online content for a specified period without payment (a “Trial”). FL4K reserves the right, in its absolute discretion, to determine User’s eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, FL4K will require User to provide payment details to start the Trial. At the end of such Trials, FL4K may automatically start to charge User for the Online Service on the first day following the end of the Trial, on a recurring basis, per the term subscription selected by User. By providing User’s payment details in conjunction with the Trial, User agrees to this charge. If User do not want this charge, User must cancel User’s Subscription by submitting a support ticket requesting cancellation before the trial has ended.

Payments, Cancellations

Except as expressly set forth in any other agreement between you and FL4K, the following terms will govern. If User has a Paid Subscription, User’s payment to FL4K will automatically renew at the end of the subscription period, unless the Paid Subscription is cancelled by Userbefore the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if User cancels User’s payment and/or terminates before the end of the subscription period, FL4K will not refund any subscription fees already paid to FL4K.

FL4K may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to User. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the FL4K Service after the price change takes effect, User accepts the new price.

Payment Details. Recurring charges are billed monthly in advance on the anniversary of the date User first subscribed. User agrees to provide FL4K with valid, up-to-date and complete debit/credit card, contact and billing details. User further authorizes FL4K to bill such debit/credit card on the Bill Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term), as such terms are defined in the Checkout process and Account & Billing Info page. If, for any reason, User’s credit/debit card company refuses to pay the amount billed for the Services, User agrees that FL4K may, at its option, suspend or terminate User’s subscription to the Services and require User to pay the overdue amount by other means acceptable to FL4K. FL4K may charge a fee for reinstatement of suspended or terminated accounts. User agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, User agrees to reimburse FL4K for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.

VII. User Conduct and License to Use FL4K Services

A. User‘s License to Use Fl4K Services

User is prohibited from modifying, transmitting, publishing, participating in transfer of sale, creating derivative works, or in any way exploiting any content, resources, or tools included in FL4K Services, in whole or in part.

User may access the content provided on the Site for personal use only, unless User obtains express permission in writing from an authorized FL4K representative, and the copyright owner, to download content provided on the Site for other uses. Thus, except as otherwise expressly permitted under copyright law, User may not copy, redistribute, retransmit, publish or commercially exploit accessed material without express permission in writing of FL4K and the copyright owner.

In the case of any and all permitted copying, redistribution, or publication of copyrighted material, User may not make any changes to, or delete, any trademark legend, copyright notice, author attribution, or other ownership-related symbol. User acknowledges and agrees that no ownership rights are conferred or acquired by User upon download of content provided on the Site.

Except as otherwise expressly permitted in the Terms of Use, User may not: (i) remove or alter any trademark, legends, symbols, labels, logos, copyright, or other proprietary notices on the FL4K Services; or (ii) reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law.

The FL4K website and FL4K-published materials and products constitute the sole interface through which User may access FL4K Services. User may not copy, frame or mirror any part of the Site nor access the Services for purposes of monitoring its availability, performance or functionality. User also may not bypass the measures FL4K may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein. User may not retrieve and store or archive in electronic form, or any other form, any material part of the databases underlying the FL4K Services.

User may not use FL4K Services in any manner that could overburden, disable, damage, or otherwise impair the FL4K Services (e.g., User may not access Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may User use FL4K Services in any manner that could interfere with any other party’s use and enjoyment of the Services. User may not attempt to disrupt, degrade, impair, or violate the integrity or security of the Site or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of FL4K internet protocol space. User may not execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Site’s servers or any data not intended for User.

FL4K strictly prohibits all commercial and/or unauthorized use of FL4K Services. User acknowledges and agrees that User may not use or resell FL4K Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

FL4K Services remain, at all times, the sole property of FL4K or its third party licensors. All rights in the FL4K Services not expressly granted to User by FL4K under the Terms of Use are retained by FL4K.

B. Sole Discretion of FL4K to Determine Appropriateness of Use

FL4K has the sole right and discretion to determine whether User is operating within the terms of this Agreement and other policies, rules, terms, and conditions. FL4K has a right to limit or terminate any User‘s access to FL4K or other FL4K services at FL4K‘s discretion, for any reason, at any time, and without warning. In addition, FL4K has a right to refuse service to any individual or entity at FL4K‘s discretion, for any reason, at any time, and without warning.

C. User-Generated Content (UGC)

FL4K allows Users to post messages, comments, flashcards, questions, and discussions, and otherwise make available information generated by the User (collectively, user-generated content or “UGC”). Users may only submit UGC that has been created by User himself or herself, or that User has permission to submit and does not violate copyright, trademark, or any other rights of third parties.

FL4K is not responsible for, nor does it claim ownership of, any UGC that any User posts to the website through FL4K Opinions, forums, message boards, blogs, or other features, or for any events resulting from UGC to the Site. However, by submitting UGC to FL4k Services, User grants, and represents and warrants that User has all rights necessary to grant, to FL4K, its subsidiaries, affiliates, successors, and assigns an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, sub-licensable (through multiple tiers of sublicensees), and transferable license to use, copy, display, distribute, modify, reproduce, adapt, publish, translate, publicly perform, publicly display and create derivative works of the UGC (in whole or in part) and to incorporate the UGC into other works in any format or medium now or later known.

User may NOT upload, post, submit, email, transmit, or otherwise make available UGC that:

(i)                is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another‘s privacy, hateful, or racially, ethnically, or otherwise objectionable;

(ii)              contains falsehoods or misrepresentations that could damage FL4K, its affiliates, or any third party;

(iii)            harms minors in any way;

(iv)            impersonates any person or identity, including, but not limited to, a FL4K official, discussion leader, moderator, guide, or host; or falsely state or otherwise misrepresent User‘s affiliation with a person or entity, including but not limited to the use of identities or headers which misrepresent the original source;

(v)              contains advertisements, solicitations of business, or spam, junk mail, chain letters, pyramid schemes, or other form of solicitation;

(vi)            contains any content which infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(vii)          contains any information that may be protected under HIPPA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented) or any content that User has no right to make available under any other law or contractual or fiduciary relationship (such as proprietary and confidential information made available or known to User under a nondisclosure agreement or employment relationship);

(viii)        spreads or transmits, or could spread or transmit, any worms, viruses or other harmful, disruptive, or destructive files, code, or programs designed to interrupt, destroy, or limit the functionality or usability of any computer software or hardware or telecommunications equipment;

(ix)            collects or stores personal information about others or otherwise invade their privacy;

(x)              harasses, “stalks”, or becomes a nuisance to others;

(xi)            intentionally or unintentionally violates any applicable local, state, national, or international law; and/or

(xii)          violates FL4K‘s Terms of Use or Privacy Policy in any manner.

D. User Feedback and Contributions

FL4K appreciates User feedback on and ideas regarding FL4K and FL4K Services. User agrees that any feedback or suggestions, ideas, documents, and/or proposals (collectively, “Contributions”) that User submits to FL4K do not contain confidential information. Furthermore, User acknowledges and agrees that: (i) FL4Kis under no obligation of confidentiality, express or implied, with respect to Contributions; (ii) FL4K shall be entitled to use or disclose, at FL4K‘s sole discretion, such Contributions for any purpose, using any method or media worldwide; (iii) FL4K may have something similar to the Contributions already in development or under consideration; (iv) Contributions immediately become the property of FL4K without any obligation of FL4K to User; and (v) User is not entitled to any compensation or reimbursement of any kind from FL4K under any circumstances.

VIII. Term, Termination and Modifications to Services

These terms are effective from the date on which User first accesses the Site or submits any user data to FL4K, whichever is earlier, and shall remain effective until terminated in accordance with its terms. FL4K may immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. FL4K may also terminate this Agreement immediately if User fails to comply with any provision of this Agreement. Upon termination of this Agreement by either party, User’s right to use the Site shall immediately cease.

FL4K reserves the right, at any time, and for any reason, from time to time, to modify, suspend, or discontinue, temporarily or permanently, the FL4K Services (or any part thereof) with or without notice. User acknowledges and agrees that FL4K is not liable to User or any third party for such suspension, modification, or discontinuance. Nothing in this Agreement shall be construed to obligate FL4K to maintain and support the Site, or any part or portion thereof, during the term.

IX. Advertisers or Third Party Vendors

FL4K Services or web pages may include advertisements. User‘s correspondence or business dealings with, or participation in the promotions of, advertisers or third party vendors found on or through FL4K Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between User and such advertiser or third party vendor. User‘s questions, complaints, or claims must be directed to the advertiser or third party vendor. User agrees that FL4K shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of advertisers, third party vendors, or product reviews in FL4K Services.

X. Links and Co-Branding

FL4K Services may provide, or third parties may provide, links to other internet websites. In addition, in some cases, co-branded services that are jointly provided by FL4K and selected companies will contain FL4K branding, but might not be hosted by FL4K. Because FL4K cannot control those sites, User acknowledges and agrees that FL4K bears no responsibility for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites.

User agrees that User cannot attribute to FL4K any views, perspectives, opinions, or information on such sites. User further acknowledges and agrees that FL4K shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods, or products available on or through any such linked site. User should review the terms of use of such linked sites to determine which company‘s terms of use govern such sites.

Any individual, party, or entity that links to FL4K Services must comply with all applicable laws and the following provisions. A site that links to FL4K Services:

(i)                may link to, but not replicate, any of FL4K‘s content without express written permission from an authorized member of FL4K;

(ii)              should not create a browser or border environment around any of FL4K‘s content;

(iii)            should not imply that FL4K is endorsing such site or its products or services;

(iv)            should not misrepresent its relationship with FL4K or any FL4K Service;

(v)              should not use any FL4K trademarks, logos, or trade names without express written permission from an authorized member of FL4K; and

(vi)            should not contain content that is reasonably considered profane, vulgar, lewd, derogatory, libelous, harassing, torturous, threatening, or otherwise unlawful.

 

Warranty Disclaimer

Users of all FL4K services, including Online Services, Paid Subscriptions, and Products understand that User engages with FL4K “as-is”, without warranties or refunds of any kind, at User‘s own risk. User acknowledges that FL4K cannot guarantee that the content on the FL4K Site is free of viruses, trap doors, and other electronic menaces. User understands that FL4K does not guarantee the validity of any promotional or advertising material on FL4K. User acknowledges that FL4K does not guarantee that any material on the FL4K Site is free of errors, misrepresentations, inaccuracies, or gaps in content, and FL4K is not responsible for any omissions or inaccuracies. User understands that FL4K does not guarantee the usefulness or timeliness of its content, services, tools, resources, or user-generated postings. User further understands that content on the FL4K Site does not necessarily reflect the views of FL4K., and that FL4K does not necessarily endorse messages from advertisers. User acknowledges and agrees that views and opinions expressed by advertisers are solely those of advertisers, and not necessarily those of FL4K.

FL4K expressly disclaims all warranties, express and implied, including but not limited to:

o     Warranties that FL4K products, software, or services, or level of quality of FL4K‘s products, software, or services, will satisfy User‘s requirements or meet User‘s expectations;

o     Warranties on the accuracy, reliability, legality, or completeness of the information within Fl4K or Fl4K Services;

o     Warranties of title or warranties of merchantability, fitness for a particular purpose, or non-infringement;

o     Warranties that any errors in the service will be corrected;

o     Warranties on the timeliness of download;

o     Warranties on continuous, uninterrupted, secure, timely, useful, adequate, suitable, or error-free service on FL4K; and

o     No information, oral or written, given to User by FL4K shall be construed as a warranty not included here

Limitation of Liability

In using FL4K products and services, User agrees that FL4K does not, in any event, endorse, and is not liable for, any misconduct, malfeasance, illegal activity, threatening activity, harassing activity, or any other harm against User by other users or third parties, including copyright infringements, arising from the use of FL4K’s Site. None of the licensors, contributors, sponsors, administrators, or anyone else associated with FL4K or FL4K Products and Services in any way whatsoever can be responsible for the appearance of any inaccurate information contained in or linked from the FL4K Products and Services.

Furthermore, User acknowledges and agrees that any damage caused to User‘s computer system as a result of using FL4K or downloading material from FL4K is wholly at User‘s own risk and User‘s responsibility.

To the maximum extent permitted by applicable law, in no event will FL4K, or FL4K‘s suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use or access, FL4K Products and Services, including, without limitation, work disruptions, incomplete work, damages for loss of goodwill, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Neither FL4K nor FL4K‘s suppliers or licensors are responsible for any liability arising out of the FL4K Services and/or any material linked through the Services. Under no circumstances will FL4K‘s, or FL4K‘s suppliers‘ or licensors‘, direct liability arising out of use of the Services exceed the greater of (i) the amount User paid FL4K for such use or (ii) $10.00. Some jurisdictions do not permit some of the above limitations of liability, and therefore this may not apply to you.

Copyright and Ownership

FL4K is the sole owner of FL4K content presented on the FL4K website and other FL4K products, with the exception of: (a) links, documents, or UGC cited as belonging to another source; (b) links, documents, or images that are in the public domain; and (c) any and all other content that is within the public domain. Use of FL4K content without citation is by default considered to be plagiarism, an offense taken extremely seriously.

Permission for Use or Distribution of FL4K Material

Foreign Languages for Kids by Kids®, and all other FL4K names, labels, trademarks, and logos are trademarks of FL4K. Without FL4K‘s written prior permission, User agrees not to display, or use in any manner, FL4K’s Marks. Reproduction, copying, distribution, promotion, or marketing with FL4K materials, content, resources, or tools is strictly forbidden without express written prior permission from FL4K.

The trademarks not owned on behalf of FL4K and that are displayed within FL4K Services are the registered or unregistered marks of their respective owners. No rights are granted by FL4K to use such marks, whether by implication, estoppel, or otherwise.

Indemnification

User agrees to indemnify and hold FL4K, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands, damages, or costs of any kind, including reasonable attorneys‘ fees and litigation costs, arising from: (i) User‘s UGC or other content that User posts, transmits, submits, writes, emails, uploads, shares, or otherwise makes available through Fl4K Services; (ii) User‘s use of, or reliance on, FL4K Services; (iii) User‘s electronic or other connection to the FL4K Services; (iv) User‘s violation of the Terms of Use; or (v) User‘s violation of any rights of any other party.

Release

If User has a dispute with one or more other users of the Site, User agrees to release FL4K from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release,

Dispute Resolution

A. Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to FL4K’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if User opts out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and User’s use of the Site shall be finally settled by binding arbitration administered by JAMS in accordance with either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, FL4K will pay the additional cost. User agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if FL4K is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

B. Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

C. Exception- Litigation of Small-Claims-Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

D. Thirty-Day Right to Opt Out

User has the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of User’s decision to opt out to the following address: Foreign Languages for Kids by Kids®, 10221 River Road, Unit 59232, Potomac, Md. 20859. The notice must be sent within 30 days of registering to use the Site; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, FL4K also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, FL4K may terminate User’s use of the Site.

D. Time Limitation on Claims

User agrees that any claim User may have arising out of or related to User’s relationship with FL4K and this Agreement must be filed within one year after such claim arose; otherwise, User’s claim is permanently barred.

Governing Law

The governing law in all FL4K-related adjudications is Maryland state law, without regard to its conflict of law provisions, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability

If any provision in this Agreement is held unenforceable or illegal by an adjudicatory body of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without altering its intent, or severed from this Agreement should no modification be possible, and the other provisions of this Agreement shall remain in full force and effect.

Headings

The headings in the Terms of Use are applied for reference and convenience only, and shall have no meaning or substantive impact on the interpretation of the Terms of Use.

Entire Agreement

The Terms of Use supersede all prior discussions, writings and agreements and constitute the entire agreement between User and FL4K. The Terms of Use may not be changed, waived, or modified except by FL4K as provided herein or otherwise by written instrument signed by FL4K. Employees of FL4K are not authorized to modify the Terms of Use, either orally or in writing. If any employee of FL4K offers to modify the Terms of Use, he or she is not acting as an agent for FL4K or speaking on FL4K’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of FL4K or anyone else purporting to act on FL4K’s behalf.

 

 

Contact Information

If you have questions about the Terms of Use, please contact us at:

Foreign Languages for Kids by Kids®

10221 River Road, Unit 59232

Potomac, Md. 20859

301.299.8000

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