These Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) constitute a binding legal agreement between you (“you” or “user”) and Strength In Words LLC, a California limited liability company, and its trustees, officers, directors, members, managers, employees, agents, representatives, successors, assigns, affiliates, and those acting under its authority (collectively, “Strength In Words”).
Strength In Words has created and maintains www.strengthinwords.com, www.learnwithless.com, and all corresponding subdomains, web pages, and websites associated with the foregoing URLs, any mobile, web, console, desktop, and other applications provided by or on behalf of Strength In Words, and any other content, applications, systems, features, functionality, software, information, products, and services offered by Strength In Words (collectively, the “Site”). Access to and use of the Site is subject to these Terms of Use, including any policies or notices referred to in these Terms of Use, which are hereby incorporated by reference, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and all other policies and notices (and any amendments) and acknowledge full and complete acceptance of all of these Terms. If you do not accept these Terms, please do not use the Site. These Terms apply whether you are accessing the Site via a personal computer, a wireless or mobile device, or through any other technology or device.
Term. This Agreement shall remain in full force and effect while you use the Site. You may terminate your use of the Site at any time, for any reason, and Strength In Words may terminate your use of the Site at any time, for any or no reason, with or without prior notice or explanation.
Payments. You understand and agree that all sales are final and your purchase of any subscriptions, services, or other products through the Site is entirely nonrefundable. By purchasing a subscription, you agree to an initial and recurring subscription fee (with a monthly or annual term depending on your purchase) at the then-current subscription rate, you authorize Strength In Words to automatically bill your credit card submitted as part of the order process for such amounts that are due, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at any time by notifying Strength In Words in writing.
Ownership. The Site is owned and operated by Strength In Words. All elements of the Site, including the content and the general design are protected by copyright, trademark, trade dress and other U.S. and international laws or treaties relating to intellectual property. The text, images, and data, including without limitation audio and video clips, interviews, images, text, software, documentation, and other media or information contained on the Site (collectively, the “Content”) are protected by copyright, and may be subject to other restrictions as well, including, but not limited to, trademark rights and rights of privacy and publicity, under applicable law. Strength In Words, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Site and the Content. Strength In Words fully supports the protection of intellectual property and is committed to complying with and strictly adhering to all applicable copyright law. Strength In Words respects the right to privacy of individuals and groups and is committed to complying with and strictly adhering to all applicable legal requirements in protecting that privacy. If you believe that the Site or Content contains elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the DMCA section of these Terms of Use set forth below.
DMCA. For purposes of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) Strength In Words has designated an agent (the “Designated Agent”) for notification of claimed infringement with the United States Copyright Office in accordance with the terms of the DMCA, and reserves the right to avail itself of the protections of the DMCA. Strength In Words also reserves the right to remove any content from the Site, including any content alleged to infringe any third-party copyright.
If you are a copyright owner or an agent thereof and believe in good faith that any Content on the Site infringes upon your copyrights, you may submit a notification to our Designated Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Foundation to locate the material;
- Information reasonably sufficient to permit the Foundation to contact you, such as an address, telephone number, and, if applicable, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or pursuant to applicable law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed with Strength In Words against you, that your content was removed (or access to it was disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, you may send a counter-notice containing the following information to our Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
Notices and counter-notices with respect to the Site or the Content must be in writing and directed by email to the Designated Agent at DMCA@strengthinwords.com and by regular mail to Copyright Agent, Strength In Words LLC, 1451 Wessex Avenue, Los Altos, CA 94024 Attn: DMCA Notice. Strength In Words provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance. We suggest that you consult your legal advisor before serving a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Trademarks. The trademarks, online logomarks, and service marks (“the Trademarks”) displayed on the Site or Content, including, but not limited to, STRENGTH IN WORDS and LEARN WITH LESS, are registered and/or unregistered Trademarks of Strength In Words. The Trademarks of third parties may also be displayed on the Site and Content. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site or Content without written permission of Strength In Words or any third party owner. Your misuse of the Trademarks displayed on the Site or Content, including alteration or use out of context, is strictly prohibited.
Restrictions. Except as specifically set forth in the Content Usage and Permissions below, Strength In Words expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting, or exploitation for commercial purposes of the Content or the Site. You must not alter, delete, or conceal any copyright, trademark, service mark, or other notices contained on the Site or Content. Any unauthorized or prohibited use of the Site or any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. Strength In Words requires users to respect its copyrights, trademarks, and other intellectual property rights and Strength In Words likewise respects the intellectual property of others.
DISCLAIMER AND LIMITATION OF LIABILITY. While Strength In Words uses reasonable efforts to include accurate and up-to-date information on the Site, Strength In Words makes no representations or warranties whatsoever as to its accuracy, functionality, or operation and your use of and browsing in the Site are at your own risk. Strength In Words assumes no liability or responsibility for any errors or omissions in the Content or the Site. All activities described on the Site and in the Content assume close supervision of the child by an adult, i.e., an adult within arm’s reach of the child, with eyes directly on the child. Strength In Words assumes no liability or responsibility for accident or injury resulting from engaging with the Site or the Content and you understand and agree that, to the fullest extent permissible by law, Strength In Words and its licensors, suppliers, service providers, or any other party involved in creating, producing, delivering, or maintaining the Site and Content shall not be liable for any loss or damage of any kind, including, but not limited to, any direct, incidental, consequential, indirect, special or punitive damages, in connection with or arising out of your access to, or use of, the Site, the Content, or from this Agreement.
Accordingly, and without limiting the foregoing, THE SITE ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, and Strength In Words assumes no responsibility, and shall not be liable for, any accidents or injuries, any malicious code, delays, inaccuracies, errors, omissions, damages to, or viruses that may infect, your computer equipment or other property arising out of your access to or use of the Site or Content. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE AND IN CONNECTION WITH YOUR USE OF ANY CONTENT ON THE SITE.
Neither the Site nor the Content is intended to replace medical advice or the consultation of a pediatrician or other medical professional. If you have concerns about your child’s health or development, please contact your child’s doctor. If your child is currently receiving developmental therapies, please follow your child’s individual treatment plan and your early intervention team’s recommendations.
No Representation. Any views, information, or opinions expressed on the Site or in the Content are solely those of the individuals involved and do not necessarily represent those of Strength In Words. As set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, Strength In Words is not responsible for and does not verify the accuracy of any of this information.
Communications. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Strength In Words for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like.
Content Usage and Permissions. The Site and the Content are protected by copyright, trademark, trade dress and other U.S. and international laws or treaties relating to intellectual property. Except for the purposes of fair use as set forth in copyright laws and where otherwise noted by Strength In Words, any party wishing to use the Site or Content for commercial use, publication, or any purpose other than fair use as defined by law must request and receive prior written permission from Strength In Words. Strength In Words reserves the right not to grant permission to use the Content, and expressly does not grant permission to use Content of third parties. Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. You may use this Site and the Content for noncommercial educational and personal use and for “fair use” as authorized under law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.
Links. The Site may provide links to third-party websites that may offer various products, services, and/or information. You may purchase using the link or not. The cost is the same whichever you choose; however, any purchases made through an affiliate link helps Strength In Words maintain the Site and the Content for you. Please note that Strength In Words has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. You should be aware that your use of these third-party websites may be subject to separate terms and conditions, information collection practices, and other provisions. Strength In Words provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site. Strength In Words does not endorse, nor is it responsible for, any of the products, services, or content offered in any third-party sites. Before using any third-party service, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.
Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be required to provide certain personal or personalized information to us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Strength In Words Privacy. We encourage you to read the Privacy Policy and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information.
Content Provided by Users. Although Strength In Words may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Strength In Words is under no obligation to do so and, as more fully set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, Strength In Words assumes no responsibility or liability arising from the Content or any user content, nor for any error, defamation, libel, slander, infringement, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information on the Site.
Compliance. You are solely responsible for your conduct in connection with the Site. By using the Site, you represent, warrant, and agree that: (i) your use of the Site does not violate these Terms of Use, or any applicable law, rule, or regulation; (ii) you will not post, transmit, or link to any material that is unlawful, abusive, threatening, libelous, defamatory, deceptive, fraudulent, harassing, obscene, scandalous, inflammatory, profane, or pornographic, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, contains a software virus, worm, spyware, Trojan horse, or other computer code, file, or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) you will not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, the Site or Content except as specifically permitted under these Terms of Use; (iv) you will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on Strength In Words, Learn With Less, the Site, our goodwill, name, or reputation; (v) you will not modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Site or the rights or use or enjoyment of the Site by any other user, solicit passwords or other Personal Information from other users, or engage in spamming, flooding, harvesting of email addresses or other Personal Information, “spidering”, “screen scraping”, “phishing”, “database scraping” or use any other automated means to access, copy, index, process, and/or store any Content made available on or through the Site; (vi) you will not modify, reverse engineer, decompile, or disassemble any part of the Site or create any derivative works from any part of the Site, or encourage, assist, or authorize any other person or entity to do so; and (vii) you will not use the Site in any manner which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Strength In Words will fully cooperate with any law enforcement authorities or court order requesting or directing Strength In Words to disclose the identity of anyone posting any such information or materials, and reserves the right to investigate and take appropriate legal action against anyone who, in Strength In Words’s sole discretion, violates, or is suspected of violating, these Terms of Use.
Applicable Law and Jurisdiction. The Site (excluding links to web sites operated by others) is controlled and operated by Strength In Words from the State of California and is not intended to subject Strength In Words to the laws or jurisdiction of any state, country or territory other than the United States. Although Strength In Words has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its online presence. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Strength In Words both benefit from establishing a predictable legal environment in which to publish, access, and use the Site, by publishing, accessing, and/or using the Site you expressly agree that all matters arising from or relating to the use and operation of the Site or these Terms of Use will be governed by the internal laws of the State of California, without regard to its conflict of laws principles which may lead to the application of the law of another jurisdiction. You also agree that all claims you may have arising from or relating to the operation or use of the Site or these Terms of Use will be heard and resolved in the courts of California. You also expressly consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than California, you will be solely responsible for compliance with all local laws of such other locations.
Indemnity. You agree to indemnify, defend, and hold Strength In Words harmless from and against any and all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site or any of its Content.
Waiver. Any waiver of any provision of these Terms of Use must be in writing and signed by a duly authorized officer of Strength In Words.
Amendment. Strength In Words may at any time revise these Terms of Use and other notices contained herein by updating this or other postings. You are bound by such revisions and should periodically visit this page to review the then-current Terms of Use and other policies and notices.
Questions? Questions about these Terms of Use can be directed to:
admin@strengthinwords.com
Strength In Words LLC
1451 Wessex Avenue
Los Altos, CA 94024