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1) Privacy Policy 2) Terms of Use 3) Refund Policy |
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Last
Updated: March 21, 2019 This
Privacy Policy applies only to the websites, apps, and services
controlled by Island Learning Center. ("we," "our,"
"us" or "ILC") or a third party agent of ILC, and
other websites, apps, and services where this Privacy Policy is posted
(collectively, the "Sites"). This
Privacy Policy does not pertain to information that is collected
offline. PLEASE
READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY USING THE SITES, YOU
ACKNOWLEDGE YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND OUR
PRIVACY PRACTICES. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO
NOT USE THE SITES. Your
use of the Sites is also expressly subject to our Terms
of Use, available at https://islandlearningcenter.com/privacy-terms.html. We
encourage you to periodically review this Privacy Policy to keep up to
date on how we are handling your personal information. A.
Information
Collected We
collect two types of information from visitors to the Sites: (1)
personal information; and (2) non-personal information. "Personal
information" is information that identifies, or can be used to
identify, you personally, such as your name, address, telephone number,
email address, or company name. "Non-personal information" can
be technical information that does NOT identify you personally. We note,
however, that throughout time, non-personal information could become
personal information through regulatory developments, technological
advancements, or co-mingling with personal information. Where personal
information and non-personal information are combined, we treat the
combined set of information as personal information. (1)
Active
Collection We
collect and store personal information from you directly, at the time
you supply information to us via the Sites. For
instance, if you sign up for an account or contact us with a question,
we may store your communications, including any personal information you
include in them, so we can effectively respond to you.
The information we actively collect from you may include: ·
Email
address, first and last name, mailing address and billing information if
you subscribe to the Sites. ·
Email
address if you contact us with a question or seek more information about
us through the Sites. ·
Name
and email address if you enter or otherwise communicate in a chat room,
blog or other public area on the Sites or on one of ILC's social
networking pages. ·
Email
address and name if you sign up to receive a newsletter from one of the
Sites or if you otherwise request information from the Sites. ·
Demographic
Information, which may include your gender, age, zip code and interests,
which you voluntarily provide to us on the Sites. We
use this information to provide you with personalized services and to
analyze trends to ensure the information provided by the Sites meets
your needs. Social media
information, political affiliations, and interests, to get a better idea
of how to serve you. ·
Location
information if you choose to allow us to track your location through the
Sites or if your personal information indicates a certain geographic
location. This information
may help us provide recommendations to you based on your location, serve
you with advertisements, or direct you to products or services that we
believe may be of interest to you and that is marketed to people near
your location. (2)
Passive
Collection ·
We
may collect information passively while you are visiting or interacting
with the Sites. We call this “passive” collection because you may
not know that this information is being collected. The information we
passively collect from you may include: ·
Internet
Protocol (IP) address. Your IP address is a number that lets computers
attached to the Internet know where to send you data - such as the
webpages you view. We use this information to deliver our webpages to
you upon request, to tailor our Sites to the interests of our users and
to measure traffic within our Sites. ·
Cookies
and other similar technologies. One way that we collect information
passively is through cookies, web beacons, and other similar
technologies. For more information on cookies and similar technologies,
please see section K below. B.
Use
of Information Collected Via the Sites (1)
Personal
Information We
use your personal information that is collected on these Sites primarily
for the following purposes: ·
To
alert you to updated information about ILC, or other third parties, or,
with your prior consent, to forward promotional materials. ·
To
try to ensure the Sites are relevant to your needs. ·
To
help us create and publish content most relevant to you. ·
To
notify you about a material change to this Privacy Policy or the Terms
of Use, if necessary. ·
To
manage your subscriptions to the Sites, allow you access to
limited-entry areas of the Sites, verify your access to your
subscription accounts, and handle other customer support inquiries. ·
To
generate web analytics and compile user information for marketing
purposes, advertising, conducting marketing analysis, providing you,
with your prior consent, with recommendations for products or services
based on your profile, and promotional material planning and
distribution. ·
To
contact you in response to proposals or inquiries that you submit on the
Sites. ·
To
use as otherwise disclosed in this Privacy Policy or at the time of
collection of personal information. (2)
Non-Personal Information Non-personal
information is used similarly as described above and in other ways as
permitted by applicable laws, including combining non-personal
information with personal information. C.
Legal
Bases for Processing We
process personal information in accordance with applicable law and with
transparency and fairness. Our
processing activities are conducted: ·
With
your consent; ·
In
order to fulfill our contractual obligations to you; ·
For
the legitimate purpose of operating our business, including to improve
and develop our services, for fraud prevention purposes, and to improve
user experience; ·
As
otherwise in compliance with the law. D.
Sharing
and Disclosure of Information (1)
Personal Information We
may share or disclose your personal information to the following parties
and in the following instances: ·
To
vendors, affiliates, and other third parties to process your request for
a subscription. If you
choose to subscribe to the Sites, we may collect information from you
such as your credit card number, billing address and other information
related to such purchase, and we may use such collected information in
order to process your payment. We
may also provide such information, or other personal information
provided by you, to unaffiliated third parties as necessary to complete
your subscription (for example, to process your credit card). ·
To
vendors, affiliates, strategic partners, agents, third party marketers
or other unaffiliated parties for advertising and marketing purposes,
including generating web analytics and compiling user information for
marketing purposes, advertising, conducting marketing analysis,
providing you with recommendations for products or services based on
your profile, and promotional material planning and distribution. If you
do not want us to share your personal information in this manner, please
do not provide us with this information, or please inform us that you
would like to opt out of this type of sharing by contacting us at the
address provided at the bottom of the Privacy Policy. ·
To
affiliates, strategic partners, agents, third party marketers or other
unaffiliated parties who are offering products or services that we
believe may be of interest to you or who require your personal
information for research, administrative and/or internal business
purposes. These parties may
use your personal information, such as your first and last name and
email address, to contact you with an offer or advertisement related to
a product or service, or they may use such information for their own
research, administrative, or business purposes. If
you do not want us to share your personal information in this manner,
please unsubscribe or contact us below to change your preferences. ·
To
unaffiliated third-party service providers, agents or independent
contractors who help us maintain our Sites and provide other
administrative services to us (including, but not limited to, credit
card processing services, providing customer service, maintaining and
analyzing data, sending customer communications on ILC's behalf, and
entry collection, winner selection and prize fulfillment for contests,
sweepstakes and other promotions). We
seek to ensure that these unaffiliated third parties will not use the
personal information for any other purpose than to provide the
administrative services for which they are responsible.
Because such unaffiliated third-party service providers that help
us administer our Sites will have access to users' personal information,
if you do not wish for our unaffiliated third-party service providers to
have access to your information, please do not register or submit any
personal information to us. ·
To
fulfill a request made by you. For
example, if you email us a question or otherwise inquire about one of
our services, we may use your email address to process your request and
respond to your question. Also,
if you are entering a sweepstakes or contest, we may use your personal
information in order to fulfill the terms of that promotion. This
means that we may share the information for prize fulfillment purposes
or mail carriers. We also
may share your information with the co-sponsor of that promotion. ·
To
comply with the law or in the good faith belief that such action is
necessary in order to conform to the requirements of law or comply with
legal process served on us, protect and defend our rights or property,
including the rights and property of ILC and its family of Sites or act
in urgent circumstances to protect the personal safety of our end users. ·
To
third parties as part of any corporate reorganization process including,
but not limited to, mergers, acquisitions, and sales of all or
substantially all of our assets. ·
To
track and analyze non-identifying and aggregate usage and volume
statistical information from our visitors and customers and provide such
information to third parties. ·
To
protect against potential fraud, we may verify with third parties the
information collected from these Sites. In
the course of such verification, we may receive personal information
about you from such services. In
particular, if you use a credit card or debit card to subscribe to the
Sites or otherwise make a purchase through the Sites, we may use card
authorization and fraud screening services to verify that your card
information and address matches the information that you supplied to us,
and that the card has not been reported as lost or stolen. Except
as described in this Privacy Policy or at the time we request the
information, we do not otherwise use, share or otherwise disclose your
personal information to any third parties. (2)
Non-Personal Information We
may share non-personal information collected on the Sites in the manner
disclosed above and in other ways as permitted by law. E.
Collection
and Use of Information from Children The
Sites are not intended for use by persons under the age of 13, or under
the age of 16 for EU visitors. ILC
does not knowingly collect information from visitors under the age of
13, or 16 in the EU, and in the event that we learn that a person under
the age of 13, or 16 for the EU, has provided ILC with personal
information, we will delete such personal information. F.
International
Transfer of Information If
you choose to provide ILC with personal information, and with your prior
consent, ILC may transfer that information to its affiliates and
subsidiaries or to other third parties, across borders, and from your
country or jurisdiction to other countries or jurisdictions around the
world. If you are visiting
from the European Union or other regions with laws governing data
collection and use that may differ from U.S. law, please note that you
are transferring your personal information to the United States which
does not have the same data protection laws as the EU and may provide
more limited recourse mechanisms, including dissimilar or, at times,
weaker data protection rights. With
knowledge of these risks, you understand that: ·
Your
personal information may be used for the uses identified above in
accordance with this Privacy Policy; and ·
Your
personal information may be transferred to the United States as
indicated above. G.
Your
Rights and Choices Please
contact ILC at the address below if you have questions about your
personal information or if you would like to otherwise make a change to
such information. You can
also specifically update, change, or delete certain personal information
(such as your email address, mailing address, and payment method) on the
Sites by logging into your account and clicking "My Account"
in the menu at the top of each page of the website. Additionally,
residents of the European Union have the right to: ·
Obtain
confirmation as to whether or not your personal information exists and
to be informed of its content and source, verify its accuracy and
request its completion, update, or amendment; ·
Request
the deletion, anonymization or restriction of the processing of your
personal information processed in breach of the applicable law; ·
Object
to the processing, in all cases, of your personal information for
legitimate reasons; ·
Receive
an electronic copy of your personal information, if you would like such
a copy for yourself or to port your personal information to a different
provider; ·
Lodge
a complaint with the relevant data protection supervisory authority. H.
Opt-Out We
communicate with users who subscribe to our services on a regular basis
via email. For example, we
may use your email address to send you information about a service
requested by you, to confirm a service requested by you, to send you
notice of payments, to send you information about changes to our
services, and to send notices and other disclosures as required by law. Generally,
users cannot opt-out of these communications, but they will be primarily
informational in nature rather than promotional. However,
we provide you the opportunity to exercise an opt-out choice; if you do
not want to receive other types of communication from us, such as emails
or updates from us regarding new services and products offered on the
Sites or if you do not want us to share your personal information with
third parties. The opt-out
choice may be exercised by ticking or un-ticking the appropriate box if
such checkbox is available at the points where personal information is
collected, or by contacting us. We
will process your unsubscribe request as soon as possible and in
accordance with applicable law, but please be aware that in some
circumstances you may receive a few more messages until the unsubscribe
request is processed. You
also may opt-out of receiving such emails by clicking on the
"unsubscribe" link within the text of the email. I.
Forums,
Chat Rooms and Other Public Posting Areas Please
note that any information you include in a message you post to any chat
room, forum or other public posting area is available to anyone with
Internet access. If you
don't want people to know your e-mail address, for example, don't
include it in any message you post publicly. PLEASE
BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS,
FORUMS AND OTHER PUBLIC POSTING AREAS. WE
ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU
DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. J.
Third
Party Websites This
Privacy Policy applies solely to information collected on the Sites. The
Sites may contain links to other websites, such as to relevant online
resources, our partners' websites, and other third party websites. We
are not responsible for the privacy practices or the content of these
other websites. K.
Cookies
and Ads We
use, and may allow certain third parties (including advertisers, third
party ad networks, and other ad companies) to use, cookies and other
similar technologies to provide our services, serve advertisements on
the Sites, and to improve the performance of ILC's advertising across
the Internet. Please be
advised that such advertising companies may gather personal information
about your visit to the Sites or other sites to enable such advertising
companies to market products or services to you, to monitor which ads
have been served to your browser and which webpages you were viewing
when such ads were delivered. Here
are some examples of information that is collected via the Sites and a
description of how this information is used: ·
Cookies
and Web Beacons - We may use certain kinds of technology such as cookies
and web beacons or work with third party web analytic service providers
to collect information about how you use the Sites. Among
other things, the use of cookies and web beacons enables us to improve
our services by seeing which areas and features are most popular, to
count the number of computers or mobile devices accessing our services,
to personalize and improve your experience, to record your preferences,
to allow you to visit our Sites without re-entering your username and/or
password, and to improve the performance of our advertising across the
Internet. A cookie is a
small amount of data which is sent to your browser from a website's
computer and stored on your computer's hard drive or your mobile device.
Most browsers automatically
accept cookies as the default setting. You
may be able to set your browser not to accept cookies, or to warn you
when a cookie is being placed on your computer. However,
if you choose not to accept cookies, your ability to use our Sites may
be hindered. A web beacon is
an electronic image, also called a "gif," that may be in the
form of a "png" image, as well as iframe, script, input link,
embed, object, and other tags to track usage. These
web beacons may be used on our web pages to deliver cookies, count
visits and compile statistics on usage and effectiveness of our Sites. ·
Google
Analytics - To help facilitate the delivery of relevant content, we use
Google Analytics and have implemented all Google Advertising Features,
including Remarketing, Impression Reporting, and Demographics, and
Interest Reporting. Google
Analytics uses cookies to report on user interactions on our and others'
websites. We use the data
collected for optimizing marketing, refining advertising and/or
programming strategies, and generally making advertising more effective.
Google provides a complete
privacy policy and instructions on opting out of Google Analytics here:
http://www.google.com/intl/en/analytics/privacyoverview.html. Note
that the opt-out is specific to Google activities and does not affect
the activities of other ad networks or analytics providers that we may
use. ·
Flurry
Analytics - We use Flurry Analytics to analyze user activity on the
Sites. This includes the use
of tracking pixels, agents, and other visitor identification
technologies that collect, use, share and store data about your use of
our applications. Flurry
provides a complete privacy policy, available at https://developer.yahoo.com/legal-privacy/privacy-policy/,
and instructions on opting out of Flurry Analytics, available here:
https://dev.flurry.com/secure/optOut.do. Note
that the opt-out is specific to Flurry activities and does not affect
the activities of other ad networks or analytics providers that we may
use. Depending
on the particular advertising services they provide, these third party
advertising companies may employ first-party cookies or third-party
cookies. Unlike third-party
cookies, first-party cookies are hosted on ILC's servers. You
can opt-out of first-party cookies by sending an email to nocookies@islandlearningcenter.com
or clicking here (http://app.islandlearningcenter.com/privacy/ad-opt-out-confirmation).
If you would like more information about third-party cookies or to learn
more about your opt-out choices, please click here (http://www.networkadvertising.org/choices/).
PLEASE NOTE THAT THIS POLICY
DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD PARTY
WEBSITES AND ADVERTISING COMPANIES. L.
Assignment In
the event that all or part of our assets are sold or acquired by another
party, or in the event of a merger, you grant us the right to assign the
personally identifiable and non-personal information collected via the
Sites. M.
Changes
to this Privacy Policy We
reserve the right to change this Privacy Policy from time to time. When
we do, we will also revise the "last update" date at the top
or bottom of this Privacy Policy. When
we make any material changes to this Privacy Policy, we will notify you
either by sending a notice to the primary email address specified in
your account or by placing a prominent notice on the Sites. N.
Security
and Retention We
implement reasonable security measures to protect against the loss,
misuse, or alteration of the information you provide us. We
may use third party products and services to secure or store your
information. Please
understand that no data transmissions over the Internet can be
guaranteed to be 100% secure. Consequently,
we cannot ensure or warrant the security of any information you transmit
to us and you understand that any information that you transfer to ILC
is done at your own risk. We
use firewalls to protect your information from unauthorized access,
disclosure, alteration, or destruction. However,
please note that this is not a guarantee that such information may not
be accessed, disclosed, altered or destroyed by breach of such firewalls
and secure server software. If
we learn of a security systems breach we may attempt to notify you
electronically so that you can take appropriate protective steps. By
using these Sites or providing personal information to us you agree that
we can communicate with you electronically regarding security, privacy
and administrative issues relating to your use of these Sites. We
may post a notice on our Sites if a security breach occurs. We
may also send an email to you at the email address you have provided to
us in these circumstances. Depending
on where you live, you may have a legal right to receive notice of a
security breach in writing. We
will retain your personal information for the period necessary to
fulfill the purposes outlined in this Privacy Policy unless a longer
retention period is required or permitted by law. O.
Disputes
and Agreement to Arbitrate Except
where and to the extent prohibited by law, by using the Sites, you and
ILC agree that, if there is any controversy, claim, action, or dispute
arising out of or related to your use of the Sites, or the breach,
enforcement, interpretation, or validity of this Privacy Policy or any
part of it ("Dispute"), both parties shall first try in good
faith to settle such Dispute by providing written notice to the other
party describing the facts and circumstances of the Dispute and allowing
the receiving party thirty (30) days in which to respond to or settle
the Dispute. Notice
shall be sent to ILC at: Island
Learning Center Both
you and ILC agree that this dispute resolution procedure is a condition
precedent that must be satisfied before initiating any litigation or
filing any claim against the other party. IF
ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION
PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH
DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU
WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU
MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other
rights that you and we would have in court will not be available or will
be more limited in arbitration, including discovery and appeal rights. All
such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com)
for binding arbitration under its rules then in effect in the Reno,
Nevada area, before one arbitrator to be mutually agreed upon by both
parties. The
arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve any dispute arising under or
relating to the interpretation, applicability, enforceability, or
formation of this Privacy Policy, including any claim that all or any
part of this Privacy Policy is void or voidable. P.
Choice
of Law This
Privacy Policy has been made in, and shall be construed in accordance
with, the laws of the State of Nevada, without giving effect to any
conflict of law principles. The
parties acknowledge that this Privacy Policy evidences a transaction
involving interstate commerce. Notwithstanding
the provision in the preceding paragraph with respect to applicable
substantive law, any arbitration conducted pursuant to the terms of this
Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C.
§§ 1-16). Q.
Your
California Privacy Rights & Our Do Not Track Disclosures Beginning
on January 1, 2005, California Civil Code Section 1798.83 permits our
visitors who are California residents to request certain information
regarding ILC's disclosure of personal information to third parties for
their direct marketing purposes. To
make such a request, please contact us at the address provided below. ILC
does not support Do Not Track browser settings and does not currently
participate in any "Do Not Track" frameworks that would allow
us to respond to signals or other mechanisms from you regarding the
collection of your personal information or non-personal information. R.
Contacting
ILC If
you have any questions about this Privacy Policy or our privacy
practices, please contact us at the following address: Island
Learning Center Effective
Date: March 21, 2019 These
Terms of Use ("Terms of Use") apply to all websites, apps, and
services operated and controlled by Island Learning Center (either
"we," "us" or "ILC") or a third party
agent of ILC, and other websites, apps, and services where these Terms
of Use are posted (the "Sites"). These
Terms of Use set forth legally binding terms that govern and restrict
your use of the Sites. YOUR
AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES
THAT YOU AGREE TO THESE TERMS OF USE. IF
YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITES. You
understand and agree that the Sites are provided to you on an AS IS and
AS AVAILABLE basis. We
disclaim all responsibility and liability for the availability,
timeliness, security or reliability of the Sites, the accuracy of any
opinion or information contained on the Sites, or the availability and
reliability of any other client software. The
opinions expressed on the Sites are not necessarily the opinions of us
and may or may not be totally accurate. We
also reserve the right to restrict, modify, suspend, or terminate the
Sites, including your use of or subscriptions to the Sites, with or
without cause for any reason including without limitation your violation
of any provision of these Terms of Use, at any time, and without any
liability to us. Please
note the arbitration provision set forth below, which may, except where
and to the extent prohibited by law, require you to arbitrate any claims
you may have against ILC on an individual basis. ARBITRATION
ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE
RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT
PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 1.
Copyright Ownership The
Sites contain copyrighted material, trademarks and other proprietary
information, including videos, comments, articles, information,
catalogs, brochures, data, text, software, photos, and graphics
("Content"). This
Content is subject to copyrights owned by ILC and other individuals or
entities and is protected by United States and international copyright
laws. 2.
Use of ILC Content YOU
MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR PERSONAL
PURPOSES. ILC authorizes you
to view a single copy of the material on the Sites solely for your
personal, noncommercial use. You
may not either directly or through the use of any device, software,
internet site, web-based service, or other means, modify, publish,
transmit, stream, upload, display, participate in the transfer or sale,
create derivative works, or in any way exploit the Content of these
Sites or any portion of such Content except as expressly provided
herein. You may not use any
data mining, robots, or similar data gathering and extraction tools on
the Content, frame any portion of the Sites or Content, or reproduce,
reprint, copy, store, publicly display, broadcast, stream, transmit,
modify, translate, port, publish, sublicense, assign, transfer, sell,
loan, or otherwise distribute the Content without our prior written
consent. You may not
circumvent any mechanisms included in the Content for preventing the
unauthorized reproduction or distribution of the Content. You
may not introduce viruses or any other computer code, files, or programs
that interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment; or damage,
disable, overburden, impair, or gain unauthorized access to the Sites,
including ILC's servers, computer network, or user accounts. Any
use of the Content not expressly permitted by these Terms of Use is a
breach of these Terms of Use and may violate U.S. or international
copyright, trademark, and/or other laws. If
you violate these Terms of Use, your permission to use the Content
automatically terminates. 3.
Subscriptions, Gift Cards, Billing, and Cancellation Refunds By
subscribing to the Sites, you authorize us to charge your credit card or
other account that you have designated. Monthly,
annual and other periodic or renewal fees will be charged at the then
current rate plus applicable tax. All
fees are charged in US Dollars (USD). Fees
may vary based on currency exchange rates. Customers
may also be charged additional credit card fees for currency conversion
from non-USD currencies to USD. The
subscription fee will be billed at the beginning of your subscription
period or expiration of your free trial period, if any. Your
subscription will continue in effect unless and until you cancel your
subscription or your subscription is otherwise terminated or suspended. You
may cancel your subscription at any time by logging into your account on
the Sites or contacting us at help@islandlearningcenter.com. You
have the right to cancel your subscription without fee or penalty at any
time. If you cancel your
subscription, cancellation will be effective at the end of the current
billing period. After
cancellation, you will have continued access to ILC for the remainder of
that period, but you will not receive a refund, unless otherwise stated
at the time of cancellation. Please
note that the provision of a full or partial refund in one instance will
not entitle you or any person to a full or partial refund under similar
circumstances or for any reason not specifically agreed to by ILC, in
our sole discretion. On
certain occasions, ILC may offer free trials of its services. If
we offer you a free trial, the specific terms of the free trial will be
stated in the marketing material describing the free trial. If
you do not cancel your subscription within the free trial period, we
will begin charging your payment card subscription fees once your free
trial period ends. You may
cancel your membership anytime by logging into your account or
contacting us at help@islandlearningcenter.com. For
full terms and conditions related to gift cards, please see GIFT
CARDS. 4.
Tradem The
names, trademarks, service marks, and logos of ILC belong exclusively to
ILC and are protected from reproduction, imitation, dilution or
confusing or misleading uses under national and international trademark
and copyright laws. All
other trademarks, service marks, and logos (including third-party
product names) are the property of their respective owners. The
use or misuse of these trademarks is expressly prohibited and nothing
stated or implied on these Sites confers on you any license or right
under any patent or trademark of ILC or any third party. 5.
License Grant If
you make any submission to or communications on the Sites, you
automatically grant, or warrant that you and/or the owner of such
content has expressly granted ILC, a royalty-free, perpetual,
irrevocable, worldwide, unlimited, nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the communication or content
material in any media or medium, or any form, format, or forum now known
or hereafter developed. ILC
may sublicense its rights through multiple tiers of sublicenses. 6.
Age Limitation The
Sites are not intended for use by persons under the age of 13, or under
the age of 16 for EU visitors. ILC
does not knowingly collect information from visitors under the age of
13, or 16 in the EU, and in the event that we learn that a person under
the age of 13, or 16 for the EU, has provided ILC with personal
information, we will delete such personal information. 7.
Disclaimer of Warranties THE
SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." ILC
MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY
OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR
COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE
THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE
EXTENT PERMITTED BY LAW. ILC
DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT
AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY ILC OR A REPRESENTATIVE SHALL CREATE A
WARRANTY. WE
DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT
THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL
TIMES. WE DO NOT GUARANTEE
THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES,
INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND
ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER,
ILC DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR
RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE
SITES. UNDER NO
CIRCUMSTANCES WILL ILC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT
IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT
AVAILABLE THROUGH THE SITES. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT
ON THE SITES. 8.
Limitation of Liability In
no event shall ILC, its partners, sponsors, advertisers, agents or
licensors, or any third parties mentioned on the Sites be liable for any
damages (including, without limitation, incidental, consequential or
other indirect damages, personal injury/wrongful death, lost profits, or
damages resulting from lost data or business interruption) resulting
from the use or inability to use the Sites, the Content or any
communications of the Sites, whether based on warranty, contract, tort,
or any other legal theory, and whether or not ILC is advised of the
possibility of such damages. ILC
is not liable for any personal injury, including death, caused by your
use or misuse of the Sites or Content. In
addition, when using the Sites, information will be transmitted over a
medium which is beyond the control and jurisdiction of ILC, its
partners, advertisers, and sponsors or any other third party mentioned
on the Sites. Accordingly,
ILC assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted
in connection with use of the Sites. YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ILC IS TO
DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY ILC. IN
NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND
SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES
EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR
PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. NOTE
THAT THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. 9.
Passwords Certain
parts of the Sites may require a password to enter. Users
agree that they are responsible for all acts or omissions that occur on
their account while their password is being used. ILC
reserves the right to access and disclose any information, including,
without limitation, user names of accounts and other information, to
comply with applicable laws and lawful government requests. 10.
Privacy We
collect personal information on the Sites, which is subject to the terms
of our Privacy
Policy, which is available at https://islandlearningcenter.com/privacy-terms.html. 11.
Links to External Sites The
Sites may contain links to other websites. We
are not responsible for the availability of these external sites nor do
we endorse the activities or services provided by these websites. Under
no circumstances shall we be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused
to a user in connection with the use of or reliance on any content,
goods or services available on such external websites. 12.
Dispute Resolution Except
where and to the extent prohibited by law, by using the Sites, you and
ILC agree that, if there is any controversy, claim, action, or dispute
arising out of or related to your use of the Sites, or the breach,
enforcement, interpretation, or validity of these Terms of Use or any
part of them, other than disputes related to or involving ILC’s
intellectual property, (“Dispute”), both parties shall first try in
good faith to settle such Dispute by providing written notice to the
other party describing the facts and circumstances of the Dispute and
allowing the receiving party 7 days in which to respond to or settle the
Dispute. Notice
shall be sent to: Island
Learning Center Both
you and ILC agree that this dispute resolution procedure is a condition
precedent that must be satisfied before initiating any litigation or
filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION
PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH
DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU
WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU
MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other
rights that you and we would have in court will not be available or will
be more limited in arbitration, including discovery and appeal rights. All
such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com)
for binding arbitration under its rules then in effect in the Reno,
Nevada area, before one arbitrator to be mutually agreed upon by both
parties. The
arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve any dispute arising under or
relating to the interpretation, applicability, enforceability, or
formation of these Terms of Use, including any claim that all or any
part of these Terms of Use are void or voidable, with the exception of
disputes related to or involving ILC’s intellectual property. 13.
Choice of Law You
agree that the laws of the State of Nevada govern this contract and any
claim or dispute that you may have against us, without regard to
Nevada’s conflict of laws rules. The parties acknowledge that these
Terms of Use evidences a transaction involving interstate commerce. Notwithstanding
the provision in the preceding paragraph with respect to applicable
substantive law, any arbitration conducted pursuant to the terms of
these Terms of Use shall be governed by the Federal Arbitration Act (9
U.S.C., Secs. 1-16). 14.
Choice of Forum You
further agree that any disputes or claims not subject to the arbitration
provision discussed above shall be resolved by a court located in the
State of Nevada and you agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim
or action. PLEASE NOTE THAT
BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU
MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE
EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE
STATE OF NEVADA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION;
AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS
LOCATED IN THE STATE OF NEVADA FOR THE PURPOSE OF RESOLVING ANY SUCH
DISPUTES OR CLAIMS. 15.
Termination We
shall have the right to immediately terminate these Terms of Use with
respect to any user which we, in our sole discretion, consider to be
unacceptable, or in the event of any breach by you of these Terms of
Use. The provisions of
Sections 1, 2, 3, 4, 5, 7, 8, 12, 13, 14, and 15 shall survive
termination of these Terms of Use. 16.
Contacting ILC If
you have any questions about these Terms of Use, please contact us at
the following address: Island
Learning Center
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