Terms of Service
All Children Learn LLC (“ACL”) provides a search platform that allows parents to find appropriate schools, providers and advocates (collectively, “Service Providers”) for differently abled children. These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use of the website located at https://allchildrenlearn.com (the “Site”) and the services and materials offered thereon, which are made available to you by ACL.
By accessing or using the Services you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not access or use our Services.
a. Description of Services
By agreeing to the Terms and Conditions of this Agreement, you are hereby permitted to use the services offered on the Site which may include, without limitation, access ACL’s proprietary search platform where you may access and search ACL’s proprietary collections or compilations of information related to Service Providers, and such other services that ACL may offer to Service Providers from time to time (the “Services”).
b. License and Restrictions
By agreeing to the Terms and Conditions of this Agreement, ACL grants the Company a limited, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal use and purposes. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or Services or access to the Site or Services. You may not reproduce, modify or prepare derivative works based on any material from the Site and Services (“Material”), including but not limited to compiled information, reviews, code and software. You may not: (i) access or search or attempt to access or search the Site or Services by any means (automated or otherwise) other than through our currently available, published interfaces; (ii) resell, redistribute, broadcast or transfer the information or use information derived from the Site or Services; (iii) access the Site or Services in order to build a similar or competitive website, product, or service.
3. Registration Rules and Guidelines
Should ACL provide to you a password that allows you to access certain parts of the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify ACL of any unauthorized use of your password or account, or any other breach of security.
4. Rules Governing Your Use of the Services
(a) Conduct Required
The Services may include your ability to rate and review the Service Providers and post on message boards. As a condition of your submission of any ratings, reviews, posts or related materials (“User Content”) to the Site and Services, you agree that: (i) you grant ACL a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such User Content into other works; (ii) your name and review information may be made available to the public and to the entities on which you review; (iii) you represent and warrant that you own or have secured all legal rights necessary for the User Content submitted by you to be used by you, ACL, and others as described and otherwise contemplated in this Agreement; (iv) you are solely responsible for your User Content; (v) ACL may, in its sole discretion, choose to remove or not to remove User Content once published; (vi) you will not submit any User Content that may be considered by ACL to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; (vii) all of your reviews and ratings of Service Providers will either be based upon your actual first-hand experiences with the Service Providers you are reviewing; (vii) all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects; (ix) you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings; (x) you have not received any form of compensation to post User Content; (xi) you will not submit User Content with hyperlinks; and (xii) the User Content that you provide do not reflect the views of ACL, its officers, managers, owners, employees, agents, designees or other users.
(d) No Liability for Content
Any use or reliance on any content or materials posted via the Site or Services or obtained by you through the Services is at your own risk. ACL does not necessarily endorse, support, sanction, encourage, verify or agree with any advertising, services available or unavailable from, comments, opinions or other statements made public at the Site by visitors through the interactive services available at the Site. Any information or material sent by visitors through such services, including advice and opinions, represents the views and is the responsibility of those visitors and does not necessarily represent the views of ACL.
5. Service Availability
The Services are computer online services. They are accessible to you through a personal computer, or other access device at the Site using a communications connection (such as a modem and telephone or cable line). As part of the Services, you may be provided with services that may include information, editorial content, live chat, links to other web sites and other computer services that ACL may decide to offer, subject to the terms hereof. ACL may, in its sole discretion, discontinue or alter any aspect of the Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the Services, at any time in ACL’ sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Site or Services through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Site or Services.
6. Disclaimer of Warranties
ACL MAY PROVIDE ACCESS TO INFORMATION OR RESOURCES RELATED TO THE CAUSES, DIAGNOSIS, OR TREATMENT OF LEARNING DISABILITIES. SUCH MATERIAL IS PROVIDED FOR YOUR REFERENCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR AN ENDORSEMENT OF ANY CLINICAL OR THERAPEUTIC METHOD, TREATMENT, SERVICE OR ORGANIZATION. ACL IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY SERVICE PROVIDER OR THIRD PARTY THAT IS REFERENCED OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SITE OR SERVICES. ACL HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SITE OR SERVICES. ACL DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICES, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICES, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ACL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Services, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Services, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Services, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
7. Limitation of Liability
IN NO EVENT SHALL ACL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ACL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ACL SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless ACL and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
ACL reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site or Services. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site or Services, via e-mail or any other reasonable means. Continued use of the Site or Services by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. This Agreement is personal between you and us, and no one shall be a third-party beneficiary to this Agreement. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Site or Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by ACL to provide the Site or Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of ACL. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.