Terms of Service
The following terms and conditions (the "Terms and Conditions") govern your use of this web site, and any content made available from or through this web site, including any subdomains thereof (the "Web Site"). The Web Site is made available by Seattle Learning Academy ("SLA" or "we" or "us"). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
Member Conduct and Appropriate Content
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Pronuncian have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Pronuncian Service.
Conditions for Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Pronuncian Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Pronuncian.com
- Create a false or misleading identity of, including, but not limited to, a Pronuncian employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Pronuncian.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the Pronuncian Service, other accounts, computer systems or networks connected to the Pronuncian Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the Pronuncian Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Pronuncian.com Service.
- Reformat or frame any portion of the web pages that are part of the Pronuncian.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Pronuncian Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the Pronuncian Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Pronuncian.com website by electronic or other means.
Pronuncian does not claim any ownership rights in any Materials that you submit, post, or display on or through the Pronuncian Services or on the Pronuncian.com Web site. After submitting, posting or displaying Materials on or through the Pronuncian Services or on the Pronuncian.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Pronuncian Service, you hereby grant to Pronuncian a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Pronuncian Service.
Without this license, Pronuncian would be unable to provide the Pronuncian Service. The license you grant to Pronuncian is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Pronuncian), fully-paid and royalty-free (meaning that Pronuncian is not required to pay you for the use on the Pronuncian Service of the Materials that you post), sub-licensable (so that Pronuncian is able to use its affiliates and subcontractors), and world-wide (because the Internet and the Pronuncian Service are global in reach). This license will terminate at the time you remove your Materials from the Pronuncian Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials; provided, however if you remove any of the Materials from the Pronuncian Service, Pronuncian reserves the right to remove all of your Materials from other Member's pages. The license does not grant Pronuncian the right to sell your Materials, nor does the license grant Pronuncian the right to distribute your Materials outside of the Pronuncian Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Pronuncian Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Pronuncian Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Pronuncian Service.
Seattle Learning Academy and its affiliates and licensors own and retain all rights in the Pronuncian.com Web site and Pronuncian Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Pronuncian Service by Pronuncian.com. Except as expressly authorized by Pronuncian.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Pronuncian.com's proprietary information.
(i) statement that you have identified material on the Pronuncian.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Pronuncian.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Pronuncian Copyright Infringement Notification]
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Pronuncian. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Pronuncian in bad faith.
If you believe that any material that you have uploaded on to the Pronuncian.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Pronuncian has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Pronuncian with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Pronuncian Copyright Infringement Counter-Notification]
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Pronuncian. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Pronuncian in bad faith.
Pronuncian shall not be responsible for any connection or access to the Pronuncian.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Pronuncian.com website via the Internet, and the Internet access charges thereon.
Termination of the Pronuncian Service
These Terms of Service will apply to your use of the Pronuncian Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Pronuncian Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You may terminate your membership to our services by sending e-mail requesting cancellation to firstname.lastname@example.org, with your username included in the message. Alternatively, you may cancel your subscription to our service at any time by using the PayPal subscription management process as described in the Terms of your PayPal membership. You will receive e-mail in response from Pronuncian.com when your cancellation becomes effective. The term of your membership is not affected by your cancellation.
Pronuncian may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Pronuncian Service, or any part thereof, with or without notice. You agree that any termination of access to the Pronuncian Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Pronuncian may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Pronuncian Service. Where possible, Pronuncian will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Pronuncian Service. Further you agree that Pronuncian shall not be liable to you or any third party for any termination or suspension of access to the Pronuncian Service or modification of the Pronuncian Service.
Pronuncian does not offer refunds for services or for electronically downloaded products such as e-books or MP3 files.
For physical goods, such as books and CDs, products may be returned within 90 days for a full refund of the original purchase and shipping price. Return shipping is the responsibility of the customer. Returns made after 90 days are not eligible for refunds.
All physical goods must be returned in good condition to the following address to be eligible for refund:
Seattle Learning Academy
2701 California Ave. SW #240
Seattle, WA 98116
Disclaimer of Warranties
SLA and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Pronuncian Service.
SLA further expressly disclaims (1) that the Pronuncian Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Pronuncian Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Pronuncian Service or the content made available as part of the Pronuncian Service will be correct, accurate, timely, or otherwise reliable.
SLA expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Pronuncian Service input by other Members is correct or accurate.
SLA, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE PRONUNCIAN SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PRONUNCIAN SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. PRONUNCIAN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE PRONUNCIAN SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at SLA's request defend, SLA, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Pronuncian.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, SLA will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE PRONUNCIAN SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SLA, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PRONUNCIAN SERVICE, WHETHER OR NOT SLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRONUNCIAN SERVICE, FROM INABILITY TO USE THE PRONUNCIAN SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRONUNCIAN SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PRONUNCIAN SERVICE OR ANY PART OF THE PRONUNCIAN SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRONUNCIAN SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL SLA BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SLA OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
SLA may provide you with notices regarding the Pronuncian.com Service or these Terms of Pronuncian Service by regular mail, email, or postings to this Web site. You agree to receive such notices and recognize that you are solely responsible for ensuring that such communications are not intercepted and prevented from reaching you by any filtering, anti-spam, or other mechanism which you or your Internet service provider may utilize.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Pronuncian Services.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of King, Washington. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of SLA's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as SLA.
Without limiting the foregoing, under no circumstances shall SLA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and SLA with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.