Terms of Use

Welcome to Blogs.FocusedLD.Com

This website (“Website”), blog (“blog”), the services provided in connection therewith (the “Services”) and  any software available for download  from  the Website in connection with the Services (the “Software”) are owned, operated and maintained, as applicable, by Focused Academic Solutions, Inc. (“FocusedLD”, “we”,” our” or “us”).

By (1) using or accessing the Website or the Services; (2) downloading, accessing, installing or using the Software; or (3) paying for someone else to use or access the Website or the Services or download, access, install or use the Software, you agree to these Terms of Use (the “Terms”), which are legally binding on you.

If you do not agree with these Terms, you should not use or view the FocuseLD Blog and you may not access, download, install, or use (as applicable), the Website, the Services or the Software. For the purposes of this agreement, “you” also means a parent or guardian who pays for access to the Services as well as the student who accesses or uses the Services. If you are a parent, guardian, or other person who enables a child to access the Services, You agree to be held liable in case of damages or indemnification that could lie against a child if not for his or her age.

User Content and Privacy
Any materials, information, emails, comments, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Website, the blog, the Tutors, our administrators, or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of “fair use” under copyright law.

Privacy
FocusedLD respects the need for and importance of privacy for our customers and the maintenance of your privacy while accessing the Blog and using the Services is important to us.  Please review our Privacy Policy.

Copyright
All designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Website, the Software or the Services (collectively, the “Company Content”) are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (“Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright laws.  Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Website, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of any Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for non-commercial personal or educational use only and we grant you a limited, non-perpetual, revocable, non-transferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services or Content for non-commercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services.  The rights granted to you herein are revocable by us in accordance with these Terms.

Links
The Website or the Services may provide or require links to non-FocusedLD websites or resources (“Third Party Sites”). This may include a blogger posting links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review.  Your use of Third Party Sites or Shared Materials may require your acceptance of additional terms governing such sites and materials.
You acknowledge and agree that we are not responsible for the availability of Shared Materials and Third Party Sites, and do not endorse and are not responsible or liable for any Shared Materials or any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Shared Materials and content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

You agree to take all available precautions to prevent the introduction of viruses, worms, disabling mechanisms, etc., through your use of the Website, Software or Services, including without limitation through your access to Shared Materials and Third Party sites.  Accordingly, you will use commercially available scanning technology to prevent the introduction of such viruses, disabling mechanisms, worms, etc.

Legal Purposes
You may only access the site and use the Website, Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including deleting posts or banning IP addresses. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable, which is determined solely at our discretion. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You shall not defraud or attempt to defraud, directly or indirectly, our system or accessing it improperly, which means but is not limited to creating accounts and/or adding sessions and/or using sessions in any manner other than by following our defined procedures for creating valid accounts and then paying for the tutoring you receive

Examples of improper access include (but are not limited to) using any means to circumvent our registration systems, hacking our system in any way, using the system when you have been notified that your permission to use the service has been revoked, sharing your account information or anyone else’s account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, contacting our administrators or anyone associated with the Blog privately in an attempt to bypass our system, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account.  Improper access also includes using any artifice or method (such as using multiple email accounts, cell phone numbers, and/or credit card numbers) to attempt to avoid paying for service. This may include, but is not limited to using multiple “get started” promotion codes or offers, selling or auctioning of login credentials, and credit card fraud.
Further, you explicitly agree that if you have at any time provided us with a valid credit card number for any reason, including initial authorization of your account, you hereby explicitly agree that we have your approval to charge your card for the full amount of the time you obtained improperly plus all appropriate investigative and legal costs.

Warranty Disclaimer
The Company Content, the Website, the Blog, the Services, the Software and access to any Third Party Sites and materials are provided “as is” without warranties of any kind, either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to such items, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the Company Content, the Blog, the Website, the Services, the Software, and each portion thereof and any Third Party Sites or materials.

Indemnification
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licencors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you submit, post to, email, or otherwise transmit to us and /or your Tutor  or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at your expense, to assume the exclusive control over the defense and settlement of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Limitation of Liability
In no event shall we be liable for any consequential, special, incidental, indirect, exemplary or punitive damages of any kind, regardless whether we have been advised of the possibility of such damages or have been negligent.  Our total liability under these terms, regardless of the basis of the claim, including without limitation tort, contract, strict liability or otherwise, shall not exceed the total fees paid by you to us for the service which is the subject of the claim.

Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services, Company Content without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other World Wide Web site.

Applicable Laws; Export Control
Recognizing the global nature of the Internet, you agree to comply with all applicable laws and regulations including, without limitation, laws and regulations regarding the Internet, data or privacy. You agree to comply with all United States export control laws including without limitation all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Website. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.

Modifications
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website, and your continued use of the site, Services and/or Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.

Non-Solicitation
You agree not to use the Website, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business without our advance written permission.

Termination by Us
We may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Consequences of Improper Conduct, Fraud or Abuse, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your authorized and paid for sessions, unless you have renewed your sessions and paid all applicable fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the Website and use of the Services. Upon the termination of these Terms you will immediately destroy any downloaded or printed Company Content.

Miscellaneous
These Terms and any policies applicable to you posted on the Website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.  You may not assign this agreement without our prior written consent.  If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested or electronic mail.

Force Majeure

In the event that

(i)FocusedLD is unable to observe or perform the terms of this Agreement due to causes beyond its reasonable control; or

(ii)access to the Website, Services or Software is blocked, suspended, interrupted or unavailable due to causes beyond FocusedLD’s reasonable control;
the performance of FocusedLD’s obligations as affected by such causes shall be excused for the duration of such events.  FocusedLD shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned events.
In the event that such events cause FocusedLD to terminate the offering of FocusedLD Products,  FocusedLD shall not be liable for any damage, costs or expenses, and shall not be required to refund any Fees paid.  Events beyond FocusedLD’s reasonable control include (but are not limited to) equipment, system or transmission link malfunction or failure, computer viruses, fire, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, lockouts, power blackouts or failure, labor disputes, legislative requirement, administrative order, court order, and any other causes which it cannot control or reasonably be expected to avoid.

Satisfaction with Services
While we hope that you will be completely satisfied with our Service, we know that occasionally there is the possibility that you may have an unsatisfactory experience.

If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service.  To report an unsatisfactory session, please let us know.

Governing Law and Jurisdiction
The laws of the Province of Ontario, Canada will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
For the purpose of litigating all such claims, you agree to submit to the personal jurisdiction of, and that venue is proper in any court located in, Toronto, Ontario, Canada.  You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use or FocusedLD exclusively in such courts.

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