Grammar Flip, LLC appreciates your interest in our services. Our website, www.grammarflip.com, www.grammarflip.org, www.grammerflip.com, and www.grammaronline.org (the “Website”), is an important means of providing you or your students a self-paced, instructional program in grammar. We are committed to complying with all applicable laws and regulations.
We value the privacy and security of your personal information. We have implemented commercially-reasonable measures that are intended to keep your personal information safe from unintended disclosure. Despite our efforts, however, factors beyond our reasonable control, such as a sophisticated, malicious attack by a “hacker”, could result in disclosure of your personal information. Accordingly, we are not in a position to guarantee that your information will be secure under all circumstances and we make no warranties or representations with regards to the maintenance or non-disclosure of your information.
All registered Accounts are accessible by password. When you register and create an Account, you must choose a unique Visitorname and password. You should not disclose your Visitorname or password to any third party or permit any third party to use your Account, Visitorname, or password. Furthermore, you are solely responsible for maintaining the confidentiality of your Visitorname and password. You must immediately notify us if you have any suspicion that an unauthorized party is accessing an Account. We will never ask for your password or personal information in an unsolicited phone call, email message, or other communication. If someone claiming to be us calls you or sends you an email message requesting your password or personal information, that person is not authorized by us to do so, and you should decline to disclose the information and then contact us immediately. You may change your password at any time. You are solely responsible for all activity, whether or not authorized by you, which occurs in connection with your Account or password.
INFORMATION WE COLLECT — REGISTERED ACCOUNT HOLDERS ONLY
In addition to the information we collect from all Visitors, we collect personally identifiable information from our registered Account holders. Registered Account holders are asked to give us personally identifiable information such as name, postal or e-mail addresses, payment card information, telephone number, a Visitor name and password, and teaching and other account information. It is your option to provide the information requested, but declining to provide us with information may prevent you from becoming a registered Account holder.
Registered Account holders may use the Website to collect certain information from students to enable the Account holder and students to utilize the services on the Website. Such students may be under the age of 13, but any information collected from students under the age of 13 on the Website will not be “personal information” as that term is defined in the Children’s Online Privacy Protection Act. A registered Account holder may provide personal information relating to students to us, and we will not use that information to market to students.
INFORMATION WE COLLECT — ALL WEBSITE VISITORS
USE OF INFORMATION AND INFORMATION SHARING
We use the information we collect from our Visitors and registered Account holders to tailor and personalize our products and services, and to continually improve the Website. We may use the information we collect to request your participation in surveys and promotions, and we may send you product information, updates or special offers. If you no longer wish to receive these kinds of communications from us, you may opt out at any time by following the opt-out instructions on that communication.
The information we collect may be stored, processed, and passed on in accordance with your instructions. We also may share your information with third parties, such as service providers who help us administer this website and conduct our business, but will not share with third parties to enable them to market directly to you.
The reasons we may share your information include the following: to process your transactions; to maintain your accounts; to respond to legal investigations; to offer our products and services to you; and to understand how the Website is used. We may share your information within our organization, and with our service providers who help us administer this website and conduct our business, to the extent permitted by law.
We may also use, share, or transfer your personally-identifiable information and non-personally-identifiable information as required by applicable law. You agree to provide valid, accurate, and complete information and to keep all such information complete and current.
TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use carefully before using this Website. By accessing, viewing, or using the Website and services of Grammar Flip you agree to become bound by these terms and conditions. If you do not agree to all of the terms and conditions, then you may not access and use the sites and services.
PERMITTED VISITORS; ACCOUNT TERMINATION
Registration and use of the Website is void where prohibited. Our Website is not intended for use by anyone other than residents of the United States of America.
We, in our sole discretion, may delete any registered Account, data or content with or without notice or liability to you. We reserve the right to permanently block any Visitor or registered Account holder who violates this Policy. Except as required by law, even after termination of an Account, we may retain Visitor or registered Account holder information, data, and content for business or legal purposes, at our sole discretion.
Our Website may contain links to other websites which are not owned or controlled by us. If you follow a link to a third party’s website, we do not assume any liability for the performance, quality, accuracy, timeliness, reliability, or any other aspect of products or services on any other website, and can make no representation or warranty with regard to such third party sites. We are not responsible for third parties’ legal or privacy policies, nor for their processing of personal data. We encourage you to read the privacy statements of any third-party sites you visit, whether linked from our Website or otherwise.
OWNERSHIP AND ACCESS
Subject to your compliance with this Policy, we grant you a limited, revocable right to access and make personal use of the Website. You shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website. This limited right does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, scraping, and extraction tools.
You are required to create an Account to use or access certain parts of the Website and services, and to use certain products and features. As a condition of your use of the Website, you agree to (a) provide true, accurate, current and complete information as requested and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You may upload, publish, and display personal information, personally-identifiable information, documents, records, and other content (collectively, the “Content”) on or through the Website. You understand and agree that we may, but are not required to, review and delete, without notice, any content that, in our sole judgment, violates this Policy or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of you or others. By providing any Content to us or through the Website, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide through the Website.
You understand and agree that all Content and other personal information that you supply to us will be stored in and accessible from locations within and without the United States of America, for the purposes set forth herein, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.
We may from time to time provide “Interactive Services” on or through our Website, such as discussion forums.
You should never send or post proprietary, sensitive, or secret information to or through the Website. Such information goes beyond the information covered by this Policy, and we will not be responsible for collecting, protecting, or reviewing it.
You agree that you will not, provide any information or materials to us that are abusive, untrue, deceptive, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that infringes upon or incorporates the proprietary material of another. Where we do provide any Interactive Service, we will have no duty to monitor the use of the Interactive Services nor will we have any duty to moderate the Interactive Services. We are not responsible for the actions or inactions, or statements or omissions, of any other person or entity in connection with the Interactive Services. We reserve the right to remove any content from the Interactive Services, regardless of its source, at our sole and uncontrolled discretion, but we will have no obligation to do so. You waive the right to bring or assert any claim against us relating to Content, and you release us from any and all liability for or relating to any Content.
LIABILITY AND INDEMNITY
You, the Visitor, agree that use of the Website is at your choice and at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis, except as otherwise prohibited by applicable law. We expressly disclaim any representation or warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. We do not guarantee any specific results from use of the Website. No advice or information, whether oral or written, from or through use of the Website shall create any representation or warranty not expressly stated herein. We assume, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications, data, or content. We are not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website. Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to your use of the Website, your purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from our negligence and even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by you directly to us for the specific product or service which is the subject of the claim, but in no event shall our liability to you exceed the actual amount you have paid directly to us. You acknowledge that if no fees are paid to us by you for any product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.
We do not endorse and are not responsible or liable for any content, data, products, goods or services available or unavailable from, or through, any third party. You agree that should you use or rely on such content, data, products, goods or services, available or unavailable from, or through any third party, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.
You, the Account Holder, agree to defend, indemnify, and hold us harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys’ fees and expenses), in any way related to, arising out of, or connected with: (i) Account Holder’s Content or data; (ii) Account Holder’s use of the Website; (iii) Account Holder’s providing of false, inaccurate, misleading, or fraudulent data or other information to us; (iv) Visitor’s connection to the Website; (v) Account Holder’s violation or breach of this Policy; (vi) Account Holder’s violation or breach of any representation or warranty made by Account Holder to us; (vii) Account Holder’s violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or (viii) any claim that Account Holder’s content caused damage to a third party. Account Holder’s obligations shall survive the termination of Account Holder’s Account and the termination of Account Holder’s use of the Website. Account Holder’s is solely responsible for his/her/its actions, and the actions of its agents, when using the Website.
In the event that we are acquired by or merged with any third party entity (including the sale of substantially all of our assets or of substantially all of any business unit), we reserve the right, in any of these circumstances, to transfer or assign your Content, data, personal information, and the licenses obtained from you. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. You understand this and agree to hold us harmless in such circumstances.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
You hereby represent, warrant, acknowledge, and agree that (a) each of your affirmative acts of (i) accessing and using the Website and/or the products or services offered or provided through the Website or (ii) signing, agreeing to, or accepting this Policy, by electronic signature, clicking a button, or some other means or method as may be required by us, constitutes your valid and enforceable “electronic signature” as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and similar state and local laws; (b) this Policy constitutes an “electronic record” for purposes of E-Sign and UETA and similar state and local laws; (c) this Policy and your electronic signature are valid, have full legal effect, are enforceable, and are binding on you as if this Policy was any other duly executed tangible (paper) agreement; and (d) any person, entity, association, agency, or organization is entitled to rely upon the validity, legal effectiveness, and enforceability of your electronic signature and this Policy without the need for a handwritten signature from you. You acknowledge and agree that if you desire a paper copy of this Policy, you may print a copy from the Website. You hereby consent to use electronic means to receive and consent to this Policy.