Terms of Service and Privacy Agreement

We try to keep these terms of service and privacy policy as simple, straightforward and clear as possible. Should parts of it be unclear to you and of concern, please email us at [email protected].

By visiting our site and using the service provided by LearnThat Foundation you are agreeing to these terms. If you don't agree with all or part of this agreement, please refrain from using our website and services.

This is the complete agreement between you, the visitor and/or member of the LearnThat domains ("you") and LearnThat Foundation, the 501 (c)3 nonprofit managing the LearnThat domains ("we" or "us").

General

LearnThat domains provide online tutoring programs with focus on review- and practice-based learning tasks.

Unlimited basic tutoring is free. Members may upgrade to premium to enjoy enhanced features, as listed on our premium feature page. 

Premium membership is available through membership/license or through Pay-Per-Result (PPR) tokens. 

Privacy

LearnThat Foundation understands that you care how information about you is used or shared, and we appreciate the trust you put in us. We promise to use your information carefully and sensibly and incompliance with the policy outlined here. 



We only request minimal information, and only what we need to supply you with the services you request. Your payment information is not stored on our server, and your password is encrypted. 

Any personal information maintained by LearnThat Foundation, including contact information, is used only to maintain user accounts and to contact you for purposes related to our service. 
Members can easily access, verify, and change their information in the customer profile, found in their member portal when logged in. 



Visitors who supply us with their telephone numbers or e-mail addresses online during live chat may receive telephone or e-mail contact from us with information they requested.

Occasionally, we may also share updates regarding special promotions, new products and services or upcoming events. If at any point you no longer wish to receive information from LearnThat Foundation, you can click on the "unsubscribe" link contained at the bottom of every email,  contact us via phone, or e-mail us at [email protected]. We will remove you from our mailing list.

We hate spam as much as you do. LearnThat Foundation will not release, sell, rent, or trade the personal information of any of our customers to any third party.

Children

LearnThat Foundation’s content was developed by concerned parents and educators according to cutting edge research and the standards for legal and social compliance outlined by the California Department of Education. This ensures that your child will find a carefully monitored, balanced and safe learning environment. 



LearnThat Foundation’s domains and services may be used by children, but it conducts financial transactions with adults only.

Although the Children’s Online Privacy Protection Act (COPPA) excludes nonprofits, we agree with the spirit of the law, and encourage students who are 13 years of age or younger to sign up for LearnThat Foundation with involvement of a parent, teacher, or guardian. 



Enrollments are free and non-transferable between students.

Information we gather

Because LearnThat.org is customizing its programs to the individual and a personalized learning profile is maintained by the learning engine, we need to gather and process certain information about you.

- Information You Give Us: 
We receive and store any information you enter on our Web site or give us in any other way. Information that you entered can be reviewed in your customer profile page. 
You can choose not to provide certain information, but then you might not be able to take advantage of certain features. We use the information that you provide for such purposes as responding to your requests, customizing your learning quizzes, maintaining your membership and documenting progress. Additionally, contacting our customer service department may create a record regarding the issues you discussed. Any such information is used exclusively to ensure your satisfaction.

- Information Resulting from Learning Sessions: We store and process learning data from previous sessions to be able to provide you with targeted and relevant future sessions. This information can be seen by you, your teacher, your school administrator and sponsors of your school. However is never shared with third parties, unless as part of a statistical evaluation of program wide performance and results. Reporting of learning results are available to you, your teacher, your school administrator and anyone sponsoring your studies.

- Automatic Information: 
We receive and store certain types of information whenever you interact with us. In addition, your web browser may register and store information in its cache to remember your log-in information, store page elements, etc. We use technology exclusively to make service features operate smoothly. In addition, we encourage you to let your web browser cache various content, so that your download wait time during your visit at our domains is reduced.

- Email Communications: 
To help us make emails more useful and interesting, our email client may track when you open email from us. If you do not want to receive email from us, please let us know by clicking the unsubscribe link located at the bottom of each email.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide certain time-saving features and conveniences. Information communicated via cookies is not used for marketing or purposes other than making the experience at LearnThat Foundation a pleasant one.

You can configure your browser not to accept new cookies, or to have the browser notify you when you receive a new cookie. However, for conveniences like log-in support, faster load times, etc. we recommend that you leave them turned on.

Is information about your customers shared?

No. Under no circumstances do we share your information with third parties, unless necessary and initiated and agreed upon by you personally, such as to process payments. 

Any third party companies or individuals that come in contact with your information - for example to process payments, as LearnThat Foundation affiliates, service partners, or employees - have only limited access and are bound by contract to use information available to them only to fulfill their specific purposes.

How secure is the information?

We work to protect the security of your information in any way possible. Our servers use state of the art security measures and we do not store your payment information or unencrypted password on our servers. During transmission, your data is protected by using Secure Sockets Layer (SSL) software, which encrypts information you input. 
Payments are processed through our payment partners and done according to highest industry standards.

Passwords and your account

It is important for you to protect against unauthorized access to your password and to your computer. Somebody other than yourself using your membership will distort the learning profile LearnThat Foundation is creating individually for you.

Failure to protect your password or failure to monitor your account may lead to unintended sponsorships, and we are not responsible for sponsorship credits deducted due to a breach.
You are responsible to monitor your account and change your password if someone unauthorized gained access to your account.

Be sure to sign off whenever you finish using our program on a shared computer, since other users may be able to re-enter your account if the browser remembers your log in settings. A log-out link is available in the top right corner of each page of the site whenever you're logged in.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that originate from your account. In addition, LearnThat Foundation and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion as needed.

How can settings be changed?

We give you access to a broad range of information about your account and your interactions. Your portal allows you to review and update your information and preferences. We may keep a copy of the prior settings for our records to avoid future customer service problems.

Promotional Offers

Sometimes (very rarely) we may send announcements of third party offers to our newsletter subscribers.

When we do this, we do not give that organization your name and address. We only introduce items that we expect to be of genuine value to our members.

If you do not want to receive such offers, please unsubscribe to the newsletter via the link provided in each email.

Web Site Link Policy and Disclaimer

LearnThat Foundation links to certain third party websites throughout its site and quizzes. LearnThat Foundation is not responsible for the content of any such site that is not owned by LearnThat Foundation, or of any other links contained in such third party sites. LearnThat Foundation provides links to you for your convenience only, and the inclusion of any link to a site not owned by LearnThat Foundation is not an endorsement by LearnThat Foundation of the site or its contents.

LearnThat Foundation assumes no responsibility for any other party's site which is hyperlinked from the LearnThat Foundation web site or in which any part of the LearnThat Foundation website has been hyperlinked.

Linking to LearnThat.org

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to LearnThat.org so long as the link does not portray LearnThat Foundation, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LearnThat Foundation or LearnThat logo or other proprietary graphic or trademark as part of the link without express written permission. Such permission, however, will not normally be withheld.

Affiliate and similar partnerships

Affiliate and similar partnerships are governed by a separate agreement. Please request more information by indicating your intent to join our partnership program in an email to [email protected].

Comments and member communications, etc.

Visitors and members may in certain pages of the site post comments and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, word lists, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. LearnThat Foundation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. 
If you do post content or submit material, and unless you indicate otherwise, you grant LearnThat Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant LearnThat Foundation and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if desired. 
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LearnThat Foundation or its affiliates for all claims resulting from content you supply.

LearnThat Foundation has the right but not the obligation to monitor and edit or remove any activity or content. LearnThat Foundation takes no responsibility and assumes no liability for any content posted by you or any third party. 

Trademarks LearnThat.org, Word Cup, LearnThatWord, LearnThat, Pay-Per-Result, as well as the LearnThat.org, Pay-Per-Result, LearnThat, LearnThatWord, and Word Cup logo and mark, Shirley Brainy, and we put a spell on the web are registered trademarks of LearnThat Foundation; there may be others.

Elements of this web site are protected by trade, patent and other laws, and this web site and its contents may not be copied or imitated in any way without the express written consent of LearnThat Foundation. 
LearnThat Foundation's trademarks and trade dress may not be used in connection with any product or service that is not LearnThat.org's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LearnThat Foundation.

All other trademarks not owned by LearnThat Foundation that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, sponsoring or be sponsored by LearnThat Foundation.

Patents

Various patent applications are currently pending regarding the proprietary mechanisms used in building our sites, its features and services.

Our unique Pay-Per-Result payment concept is also patent-pending.

Warranty and Other Disclaimers

The materials and information you find on the LearnThat Foundation web site are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the LearnThat Foundation web site and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. 

This disclaimer of liability applies to 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 record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

You specifically acknowledge that LearnThat Foundation is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or that of third parties contained on the LearnThat Foundation web site, and LearnThat Foundation reserves the right to remove such materials from the LearnThat Foundation web site without liability.

Risk of loss

Our team at LearnThat Foundation has taken every measure to protect the integrity and completeness of our database and your personal account settings. Daily backups, firewalls and 24/7 monitoring are part of the services we provide to keep your data protected. However, LearnThat Foundation does not accept any liability, expressed or implied, regarding the integrity of your records, and we can not be held liable for any breach or loss of data, including personal or learning data.

License and site access

LearnThat Foundation grants you a limited license to access and make personal use of this site. This license does not allow you to download (other than page caching) or modify any content, or any portion of it, except with express written consent of LearnThat Foundation. Resale or commercial use of this site or its contents is prohibited, as is any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial or non-commercial purpose without express written consent of LearnThat Foundation.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LearnThat Foundation and our affiliates without express written consent. 

You may not use any meta tags or any other "hidden text" utilizing LearnThat Foundation's name or trademarks without the express written consent of LearnThat Foundation. Any unauthorized use terminates the permission or license granted by LearnThat Foundation, and may further result in legal action.

Pay-Per-Result (PPR)

Pay-Per-Result is a unique, patent-pending payment concept developed by LearnThat Foundation. It offers members performance assurance. Members only pay for measured learning results and enjoy full premium features.

A PPR token is deducted only when a test item was 
(a) previously challenging for the student as demonstrated by providing an incorrect answer, 
(b) added to that student's practice cycle and reviewed over subsequent sessions, and 
(c) successfully removed from the practice list after demonstrating retention.

The criteria established for defining a learning result may vary across LearnThat domains, and is specified in each domain. Within the LearnThatWord domain, for example, a learning result is registered, a learning spark assigned, and a PPR token deducted from the deposit after the user has entered a practice words correctly in three subsequent quizzes.

Performance, study progress, and credit accounting is available on the member, teacher and administrator portals in real-time. 

A learning item that was added to the practice cylce by mistake can be removed after the session during which it was added. This is useful for example if an item registered as an error but the member is confident that the cause was a typo or oversight, not a learning gap. Once the next session has been started, items from the previous sessions can no longer be removed from the practice list, as they have actively entered the practice cycle.

Obviously, each individual is different, and we have no influence over your personal motivation or ability to retain knowledge in the long-term. We ensure that the item has been learned at the time the study cycle completes and are not responsible for future preservation of the knowledge.

Pay-Per-Result allows members or organizations sponsoring them to only invest in actual, measured learning results, while maintaining access to premium features. 

Purchase of PPR tokens

PPR tokens are purchased in bundles, with increasing quantity discounts offered as volume increases. Our current price list is published on the payment page. Unless otherwise stated, all fees are shown in U.S. dollars, and the payment portals utilized are responsible for converting foreign currencies at the applicable and current rate.

PPR tokens can be freely shared among members or organizations. Credits are always purchased by one individual or organization representing the group.

Sponsoring relationships can be reviewed and updated on the "my portal" page. Splitting payment between multiple parties is not supported by the LearnThat payment systems and has to be managed through external processes within the group.

The full responsibility for sharing PPR tokens lies with the sponsoring party. Neither LearnThat Foundation nor the recipient nor any other party can be held responsible if sponsorship is not properly monitored and maintained. Assuming sponsorship includes a risk of unintentional use of PPR tokens. It is the sole responsibility of the sponsor to monitor the sponsorship to make sure credits are used by the intended recipients.

LearnThat Foundation is not responsible for managing any arrangements within the group. We provide real-time reporting that documents the use of credits in minute detail. These reports make it easy to review usage and distribution of credits. 
However, any arrangements or agreements within a group are solely to be managed by the group. We do not assume any responsibility for any issues that may arise from a group purchase.

In addition to payment, we also offer a range of ways to obtain PPR tokens by fundraising for LearnThat Foundation. These PPR tokens care are simply a courtesy given in appreciation of the support provided, and can not be refunded or exchanged for payment. 

Self-Sustaining Philanthropy

Membership and PPR fees, grants and sponsorship fees are used to support our philanthropic campaigns, continually develop and upgrade our program, and follow our nonprofit mission.

Refund

We warrant our programs with a 100% satisfaction guarantee. Should you want to return your credits, we will deduct the value of the used credits and refund the remaining amount. For example: You purchased 5,000 credits at $0.10 each. You cancel after using 100 credits. We will deduct $30 (price of 100-credit package) from $500 and refund the rest.

Memberships are an effective alternative for dedicated and high-volume users. If a refund is requested for annual or more long-term memberships, your support agent will calculate the charge for expired time at the current monthly rate and refund the remainder.

Memberships started before the launch of the free tutoring option will be refund on 12/31/2012, based on the process listed in the previous paragraph. Memberships started after 

Organizational licenses are non-refundable.

Cancellation or Expiration

PPR tokens do not expire, and may be donated to the literacy campaign of choice, if you no longer need them.

Memberships automatically expire at the end of the time period purchased.

Only exception: 
The self-renewing membership, either annual or monthly, has to be canceled to avoid repeat charges. This can be easily done by logging into the PayPal platform, clicking on "details" next to the last charge, then clicking on the item ID number under the headline and clicking "cancel subscription" at the bottom of that page. Our friendly agents are glad to assist you, if you have problems with that process.

Pricing

In accordance with standard industry practice LearnThat Foundation reserves the right to offer varying rates for its services to various markets. Where subscriptions or PPR tokens are offered by one of our affiliates, the List Price may be determined by the merchant and may differ from the prices listed on our main site. 
The price you pay will be confirmed in the order process. Please note that we do NOT charge your credit card until after your order has been confirmed.

Open Dictionary of English (ODE)

The Open Dictionary of English is designed as a collaborative project. It's not an open source project, as part of it's content is not compatible with this concept. However, the ODE will always be free, and open to user input.

LearnThat Foundation has undertaken extraordinary efforts to build and enhance a comprehensive database, utilizing the expertise of teachers, editors and data contributed by a large range of resource partners.

While building our database and web pages there has been a dedicated and careful attempt to be as accurate as possible. We have also taken extensive measures to filter content that users may find offensive or object to. However, LearnThat Foundation does not warrant that word definitions or other content of this site are at all times accurate, complete, reliable, current, verified, filtered, or error-free. Should you find an error on one of our pages, we would greatly appreciate it if you would let us know by emailing the specifics to [email protected], by clicking the “comments” button within the quiz pages, or by submitting the information via our support chat button.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.

ODE editing policy

Anyone can make edits or add content in any ODE field that provides the ability to do so. By default, and to prevent spam, edits are shown immediately only the person submitting the concept, and is cued for approval by other members of the editorial team.

Final approval, which makes the edit public for all visitors, depends on the rest of the editorial team. It may happen promptly, after a delay, or never.

LearnThat Foundation is not responsible for collaborative and volunteer or otherwise editorial activity on the site. The only way in which LearnThat Foundation interferes with this process is by removing editing capabilities from users who have abused them.

Ownership

The site, services and content are protected by copyright, trademark, and other laws of the United States and foreign countries. LearnThat.org and its licensors exclusively own all right, title and interest in and to the site, services and content, including all associated intellectual property rights. 

Third Party Content Providers, Advertising and Business Dealings

LearnThat.org may provide information about or links to third-party content, products or services. Any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. LearnThat.org is not responsible for and does not guarantee anything a third party content provider or advertiser may provide. LearnThat.org is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements. If you have a dispute with one or more advertisers or other third parties, you release LearnThat.org from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Content License

Subject to your compliance with these Terms of Service, LearnThat.org grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise by LearnThat.org or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

User Content

Members may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Site and Services ("User Content"). By submitting any User Content to LearnThat.org or displaying, publishing, or otherwise posting any Content on or through the Service or Site, you hereby shall and do grant LearnThat.org a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service or Site and LearnThat.org’s (and its successors, partner organizations, and assigns) business. You also hereby do and shall grant to all other users of the Service or Site a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any User Content solely for such users’ personal and non-commercial purposes. LearnThat.org does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to LearnThat.org the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LearnThat.org’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The User Content will not contain any "back door," "trap door", "time bomb," "Trojan Horse," "worm," "drop dead device," "Easter Eggs", "cancelbots" or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Services or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or Services.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("feedback"). You may submit feedback by emailing us at [email protected] or through the feedback/comments button on the site. You acknowledge and agree that all feedback will be the sole and exclusive property of LearnThat.org and you hereby irrevocably assign to LearnThat.org and agree to irrevocably assign to LearnThat.org all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. 

General Prohibitions

Unless otherwise stated in these Terms of Service, you agree not to do any of the following while using the Site, Services or Content:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

Access, tamper with, or use non-public areas of the Site, LearnThat.org’s computer systems, or the technical delivery systems of LearnThat.org’s providers;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LearnThat.org or any of LearnThat.org’s providers or any other third party (including another user) to protect the Site, Services or Content;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a LearnThat.org trademark, logo URL or product name without LearnThat.org’s express written consent;

Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

LearnThat.org will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. LearnThat.org may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that LearnThat.org has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LearnThat.org reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that LearnThat.org, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services. Under no circumstances will LearnThat.org be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.

Copyright Complaints

LearnThat.org respects the intellectual property of others. It is LearnThat.org's policy to respond expeditiously to claims of copyright and other intellectual property infringement. LearnThat.org will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LearnThat.org may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. LearnThat.org will terminate access for subscribers and account holders who are repeat infringers.

Notifying LearnThat.org of Copyright Infringement: To provide LearnThat.org notice of an infringement, please email [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing LearnThat.org with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide LearnThat.org with a counter notification by emailing [email protected]. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.

Termination and Account Cancellation

If you breach any of these Terms of Service, without limiting LearnThat.org’s other rights and remedies hereunder, LearnThat.org will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. LearnThat.org reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event LearnThat.org terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to [email protected].

Disclaimers

THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LearnThat.org EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LearnThat.org MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LearnThat.org MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LearnThat.org OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT LearnThat.org DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES LearnThat.org MAKE ANY ATTEMPT TO MONITOR OR TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. LearnThat.org MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold LearnThat.org, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Service.

 

 

 

To grow the largest resource for English language learning, all users contributing to the ODE are required to grant broad permissions to LearnThat Foundation. This may even include re-distribution and re-use of submitted information in the context of sharing general ODE resources with other organizations, projects, or individuals.

Copyright Statement

Copyright for all content ©2004 and ongoing, belongs to LearnThat Foundation. All rights reserved and protected by United States and International copyright laws. The contents of the LearnThat Foundation web site pages, including, but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software and icons, are copyrighted materials owned or controlled by LearnThat Foundation, including LearnThat Foundation's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring LearnThat Foundation's services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials for any other purposes. 
All software used on this site is the property of LearnThat Foundation or its software suppliers and protected by United States and international copyright laws.

Copyright Complaints

LearnThat Foundation and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@LearnThat.org.

Conditions of Use, Notices, and Revisions

If you choose to visit LearnThat.org or any affiliate sub-domain, your visit and any dispute over privacy is subject to the rules and conditions laid out in this document, including limitations on damages, arbitration of disputes, and application of the law of the state of California. 
If you have any concern about privacy at LearnThat.org, please contact us with a thorough description, and we will try to resolve it. 

Our business changes constantly, and our policies regarding Privacy and Terms of Use may change also. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all your information. Since we wholeheartedly stand behind the promises we make, we will never change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Product/Services Information

LearnThat Foundation offers services and programs in many parts of the world. The LearnThat Foundation web site may refer to certain services or programs that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that LearnThat Foundation intends to offer such service or programs in all countries or locations. LearnThat Foundation may make improvements and/or changes in the products and/or programs described in the LearnThat Foundation web site without liability. 

Protection of LearnThat Foundation and others

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of LearnThat Foundation, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this agreement.

Disclaimer of warranties and limitation of liability

This site is provided "as is" and on "as available" basis. LearnThat Foundation makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly and clearly agree that your use of this site is at your sole risk. 
LearnThat Foundation disclaims all warranties, express or implied, and while we do everything in our power to prevent any damages, we do not warrant that this site, its servers and email system is free of viruses or other harmful components. 

LearnThat Foundation will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. 
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

Applicable law

By visiting LearnThat Foundation, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LearnThat Foundation or its affiliates.

Disputes

Any dispute relating in any way to your visit or subscription to LearnThat Foundation or to products you purchase through LearnThat Foundation shall be submitted to confidential arbitration in San Francisco, California, except that you violated or threatened to violate LearnThat Foundation's intellectual property rights. In that case, LearnThat Foundation may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

This policy page was last updated on 5/18/2012.