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Family Learning Center Terms of Use

Last updated: June, 2015

1. General

The Web site at www.FamilyLearningCenter.com (the "Site") is owned by The Institute for Professional Education®, LLC ("IPCed®"). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. If such additional terms conflict with these Terms of Use, these Terms of Use shall prevail.

If you visit the Site, you accept these Terms of Use.

We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site with date of update noted. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified.

If you are under 18, you may use the Site only with involvement of a parent or guardian.

2. Intellectual Property Rights

(A) Our Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. You may not download (other than page caching) or modify the Site, or any portion of it, except with express written consent of IPCed. This license does not include any resale or commercial use of this site or its contents. The compilation of all content on the Site is the exclusive property of IPCed and protected by U.S. and international copyright laws. All software used on this site is the property of IPCed or its software suppliers and protected by United States and international copyright laws. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by e-mailing info@IPCed.com

IPCed's trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IPCed. All other trademarks not owned by IPCed that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IPCed.

(B) Your License to Us. By posting or submitting any material (including, without limitation, comments, journal entries, text, photos, and videos) to the Site, you represent and warrant that you are the owner of the material, or that the owner of the material has consented to your use. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, location (city or state) or other identifying features, as we deem appropriate.

(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to us in writing to Institute for Professional Care Education, LLC, 5109 NE 82nd Avenue, Vancouver, WA 98662 or by email to info@IPCed.com.

Please include the following information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed;

(2) a description of the location of the allegedly infringing material on the Site;

(3) your contact information, including your address, telephone number, and, if available, e-mail address;

(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

3. Journaling, Commenting and Other Interactive Features

This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the "Interactive Features"). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

We shall have the right, but not the obligation, to monitor the content of journals, comments or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted in journals, comments, topics, news items or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings in Journals or comments or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made in journals, comments, topics, news items or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.

4. Registration and Passwords

To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, email address, and information related to your personal caregiving situation. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You will need a username and password to use features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; or (ii) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Use of Directories

The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.

5. Disclaimers

The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.

THE SITE, AND THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE OR THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE JOURNALING OR COMMENTING FEATURES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER'S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, such hardware and/or software.

Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

6. Third-Party Sites

Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.

IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

8. Termination

We may, at any time, without notice and in our sole discretion, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

9. Electronic Communications

When you visit the Site, use the journals, comments, topics, news items or other interactive elements of the site, or send e-mails to us or third-parties, you are communicating with us or third-parties electronically. You consent to receive communications from us or third-parties electronically. We and/or third-parties will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we and/or third-parties provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Other Terms

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. This agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to the Site shall be adjudicated in any state or federal court in Washington, and you consent to exclusive jurisdiction and venue in such courts. If any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.


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© Institute for Professional Care Education®, LLC, 2015