SenseAble

SenseAble Strategies mean Phonics Success


Legal Disclaimer

These Terms of Use, as amended from time to time (“Terms“) govern your use of the SenseAble, L.L.C. website located at senseable.com including any mobile applications and services (collectively, “Website“). Please read these Terms before using or continuing to use the Website. By using or continuing to use the Website, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

1. General Terms

SenseAble, L.L.C. provides this Website to you and all other visitors to the Website who view, use, access, browse or submit content or materials (each, a “Visitor“) and collectively, the(“Visitors“), including without limitation Visitors that seek tutoring services for themselves or others (“Clients“) and Visitors that seek to provide tutoring services (“Tutors“) to Clients. Using, accessing, browsing or submitting content to the Website and/or registering as a Client or Tutor shall constitute acceptance of the Terms for all purposes. If you do not agree to these Terms, do not use the Website.

2. Services

SenseAble, L.L.C. uses powerful mnemonic methods (memory tricks) and materials that are designed to accelerate the acquisition of literacy for everyone — especially those with learning problems. This program represents the culmination of over 30 years of work with thousands of students in a wide range of instructional settings. The program was originally created in response to the unique educational requirements of special needs students. Subsequently, during many years of extensive planning, development, and implementation, the methods and materials were configured into an instructional system that is appropriate for anyone.

3. Your Obligations and Conduct

In consideration of your use of the Website, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving tutoring services; (b) to provide accurate, current, and complete information as may be prompted by a profile form on the website (“Profile Data“) (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Profile Data and any information you provide to SenseAble, L.L.C. to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Profile Data. You are not permitted to use the Website or the services or submit Content to the Website if you are under the age of 13.

You are entirely responsible for all materials that you upload, post, or otherwise transmit through your use of the Website (collectively, “Content“). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SenseAble, L.L.C. or other Visitors; (b) includes unauthorized disclosure of personal or confidential information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer

software or hardware or telecommunications equipment. SenseAble, L.L.C. reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary, convenient or appropriate in SenseAble, L.L.C.’s sole discretion. You hereby grant SenseAble, L.L.C. an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish all Content (including in digital form). You hereby represent and warrant that you own all rights in the Content, and that no Content will infringe upon the rights of others.

You agree to use the Website at all times in a manner that is lawful, appropriate for the purposes of the Website and in accordance with the Terms. Any use of the Website that SenseAble, L.L.C., in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a Visitor’s registration, with or without notice. Conduct that is inappropriate and/ or offensive includes without limitation the following:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Website for any purpose that is in violation oflocal, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Website;
  • Attempt to gain unauthorized access to the Website, other Visitors’ accounts, or other device, computer system or networks connected to the Website;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Website that are not appropriate or relevant to the Website;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another Visitor that you know, or reasonably should know, cannot be legally distributed through the Website;
  • Access, download, or copy any information, content and/or materials from the Website through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Website; or
  • Restrict or inhibit any other Visitor from using and enjoying the Website.

4. Advertisements and Promotions

SenseAble, L.L.C. may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SenseAble, L.L.C. found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. SenseAble, L.L.C. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SenseAble, L.L.C. advertisers on the Website.

5. Content Provided Via Links

You may find links to other websites or resources on the Website. You acknowledge and agree that SenseAble, L.L.C. is not responsible in any manner for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SenseAble, L.L.C. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6. Termination and Suspension

SenseAble, L.L.C. reserves the right to suspend and/or terminate the registration of any Visitor with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Website after termination or during suspension.

7. Disclaimers

USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAUL TS” BASIS. TUTOR USE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
OR FITNESS FOR A PARTICULAR PURPOSE. TUTORFUSE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE AND/OR THE SERVICES PROVIDED BY TUTORS. TUTOR USE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM OR USE OF THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SenseAble, L.L.C. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANT AGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF TUTOR USE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HA VE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION VISITORS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAIL URE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AND SenseAble, L.L.C. AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN YOUR DECISION TO USE THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

9. Assumption of Risk

You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Visitors.

10. Indemnification

You agree to indemnify, defend, and hold harmless SenseAble, L.L.C. and its subsidiaries, affiliates, shareholders, members, officers, directors, agents, licensors, employees and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, arising from or related to your (a) acts and/or omissions on or offthe Website; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website; (c) breach of these Terms; (d) disputes with or between other Visitors; ( e) use and/or misuse of the Website, including without limitation any information, Content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading Profile Data or other information provided by you,; (h) misstatements and/or misrepresentations made by you; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) your use of Visitors’ information and any acts or omissions with respect to such Visitor information; (k) use of any information in third-party reports; (I) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Website. You further agree to indemnify and hold SenseAble, L.L.C. harmless from and against all claims by students (including without limitation all students who are minors) arising from your use of the Website. You further agree that you will cooperate as requested by SenseAble, L.L.C. in the defense of such claims. SenseAble, L.L.C. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Visitors, and you shall not, in any event, settle any claim or matter on behalf of SenseAble, L.L.C. without the written consent of SenseAble, L.L.C..

11. Notices; Modification and Termination of Services; Amendment ofTerms

SenseAble, L.L.C. may provide notice to Visitors via email, regular mail, or posting notices or links to notices on the Website. SenseAble, L.L.C. reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. SenseAble, L.L.C. may also delete, or bar access to or use of, all related information and files. SenseAble, L.L.C. will not be liable to Visitors or any third-party for any modification, suspension, or termination of service, or loss of related information. SenseAble, L.L.C. may amend these Terms at any time by posting the amended terms on this Website.

12. Entire agreement

These Terms, as amended from time to time, constitute the entire agreement between you and SenseAble, L.L.C. relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted here under. You also may be subject to additional terms and conditions that may apply when you use SenseAble, L.L.C. or third-party products or services.