Huntington Learning Terms of USE

Effective Date: November 1, 2011

YOUR AGREEMENT TO THESE TERMS OF USE
Huntington Learning Center and its affiliates, franchisees, and related entities (collectively, "Company", "we", "us", and "our") own and offer this and related websites (collectively, the "Site"), and other public sites in various social media and other venues on the Internet, such as Facebook and LinkedIn (the "Social Media Sites"), to our employees, our students, our franchisees, and the public. Any person's access, use, participation, communication, or purchase or receipt of services, on or through one or more of the Sites and the Social Media Sites (collectively, the "Company's Sites"), whether for himself or on behalf of another, is conditioned on such person's acceptance, without modification, of the terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Such access, use, participation, communication, or purchase or receipt of services, whether through Company-provided networks, systems, or equipment or another person's or entity's networks, systems, or equipment, including your own, (the "Company's Sites Activity") constitutes your agreement to all such terms, conditions, and notices contained or referenced/linked herein. Company's Sites Activity has the same effect as if you physically signed a document agreeing to these Terms of Use.

For purposes of these Terms of Use, the terms you, your, and user refer to and include, without limitation, a parent or guardian who arranges for a child or student to take part in Company's Sites Activity or otherwise access or use the Company's Sites, as well as the child or student. Any parent or guardian who arranges or pays for a child or student to take part in Company's Sites Activity or otherwise access or use the Company's Sites agrees to make sure the child or student is aware and agrees to these Terms of Use.

GENERAL RULES CONCERNING ACCESS AND USE OF COMPANY'S SITE, INCLUDING SOCIAL MEDIA/COMMUNICATION SERVICES
The Company's Sites Activity may involve blogs, discussion groups, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities on the Company's Sites designed to enable you to communicate with the public at large or within a group (collectively, "Social Media/Communication Services"). You agree to access, use, participate and communicate on or through the Social Media/Communication Services only to the extent permitted under these Terms of Use. By way of example, and not intended to be exhaustive, the list of terms and conditions below govern your access, use, participation and communication on or through one or more of the Company's Sites, and specifically the Social Media/Communication Services.

  • In connection with the tutoring services above, you will not disclose to or request from a tutor any information that could be considered personal information including name, address, telephone number, email address, social security number, password, as well as information that would allow the either you or the tutor to identify or locate the other.
  • You must comply with the terms of use and other policies, such as privacy policies, of the site(s) supporting our Social Media/Communication Services, such as Facebook, as well as our Privacy Policy.
  • If you are a Company officer, employee, intern, volunteer, contractor or other workforce member of Company, you must comply with all of the applicable terms, policies and agreements that govern your relationship with Company, including without limitation, the Company employee handbook, anti discrimination policies, social media policy, electronic communications policy, and code of conduct.
  • You will not, whether by posting, uploading, downloading, emailing, or otherwise:
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including tutors.
    • Publish, distribute or disseminate on or about any topic, name, material or information that is inappropriate, profane, defamatory, infringing, obscene, disruptive, threatening, abusive, harassing, embarrassing, tortuous, indecent or unlawful.
    • Engage in pretexting, or otherwise impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), including any patent, trademark, trade secret, copyright, or other proprietary material or information, unless you own or control the rights thereto and/or have received all necessary consents.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), including any patent, trademark, trade secret, copyright, or other proprietary material or information, unless you own or control the rights thereto and/or have received all necessary consents.
    • Upload files that contain viruses, corrupted files, worms, or any other similar software, codes, files or programs that are designed or reasonably likely to interrupt, destroy, delay, or damage the operation of the Company's Sites or any computer hardware or software, or telecommunications equipment.
    • Advertise, endorse or offer to sell or buy any goods or services for any business purpose, or otherwise transmit promotional materials, "junk mail," "spam," or conduct or forward surveys, contests, chain letters, pyramid schemes, or other forms of advertising or solicitation, unless such Social Media/Communication Service expressly allows such activities and, with respect to workforce members of Company, you make clear your relationship or affiliation to Company.
    • Download any file posted by another user of a Social Media/Communication Service that you know, or reasonably should know, cannot be legally distributed or downloaded in such manner.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Access, post, transmit, harvest, disclose, destroy, or otherwise collect, maintain or process proprietary or confidential information about Company, including any information concerning its services, or personal information (including phone numbers and email addresses) or protected health information about others, including students, without their consent. You will take all reasonable steps to safeguard Company's proprietary and confidential information. You should avoid posting pictures or video of or with someone else unless you have their permission.
    • Violate any applicable local, state, federal or international laws or regulations.
    • Use the Company's Sites in any manner which could damage, disable, restrict, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Company's Sites or the Social Media/Communication Services.
    • If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Company's Sites. You will take reasonable steps to maintain the privacy and security of your username and password and to prevent unauthorized access to or disclosure of your username and password.

Other then postings made in connection with purchasing and receiving the tutoring services described above, all postings on the Company's Sites, including the Social Media/Communications Services, will be publically available on the Internet and therefore publically accessible without limitation or protection of any kind. Always use caution when giving out any personally identifying information about yourself or your children in any Social Media/Communication Service. Company does not control or endorse the content, messages or information found in any Social Media/Communication Service and, therefore, Company specifically disclaims any liability with regard to the Social Media/Communication Services and any actions resulting from your participation in any Social Media/Communication Service. Site managers, tutors and hosts are not authorized as Company spokespersons, and their views do not necessarily reflect those of Company.

Nothing contained within these Terms of Use is intended to interfere with employee rights under the National Labor Relations Act or other laws protecting lawful job related or other activities.

Company's determination concerning whether you satisfy the requirements of these Terms of Use, including without limitation the requirements in this section shall be the sole, final and binding determination based on Company's sole discretion.

TERMINATION OF USE, ACCESS TO COMPANY'S SITES, INCLUDING SOCIAL MEDIA/COMMUNICATION SERVICES

Company has no obligation to monitor the Company's Sites, including the Social Media/Communication Services. However, Company reserves the right in its sole discretion to access, review or record any and all activity on its Company's Sites including, without limitation any files, documents, photos, software, or other materials, information or communications transmitted through or stored on the Company's Sites. Materials uploaded to a Company's Site or Social Media/Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.

Company reserves the right, in its sole discretion, to monitor, restrict, block, discontinue, limit, suspend or terminate your access and use of the Company's Sites and the related services or any portion thereof at any time, for any reason, without notice to you. This reservation of rights includes, without limitation, the right to edit, remove, delete, or block any and all posts, files, photos, documents, or any other transmission or communication of any kind to and from the Company's Sites, as well as any information related to your Company's Sites Activity.

LINKS TO THIRD PARTY SITES
The Company's Sites, including the Social Media/Communication Services, may contain links to other web sites ("Linked Sites"). In the case of Linked Sites over which Company has no control or does not sponsor, Company is not responsible for the content of any such Linked Sites, including without limitation any links contained in such Linked Sites, or any changes or updates to such Linked Sites. Company is not responsible for webcasting or any other form of transmission received from any such Linked Sites. Company is providing these links to you only as a convenience, and the inclusion of any such link does not imply endorsement by Company of the site or any association with its operators.

SUBMISSIONS TO THE COMPANY'S SITES
Other than personal information you submit through a Company's Site in connection with an employment application or in connection with the tutoring services described above, including without limitation recorded tutoring sessions and transcripts thereof, Company does not claim ownership of the files, documents, photos, software, or other information or materials that you provide to Company (including feedback and suggestions) or that you post, upload, input or submit to any Company's Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting and/or warrant the owner has granted Company, and its affiliated companies and subsidiaries, any necessary sub licensees and permissions which shall be global, perpetual, royalty-free and nonexclusive, to use your Submission (other than academic source materials you are entitled to use under the "fair use" doctrine of copyright law) in connection with the operation of the Company's Sites and its Internet or other businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, combine with other materials or Submissions, publicly perform, reproduce, edit, translate and reformat your Submission; and, if the Company chooses, to publish your name in connection with your Submission, except to the extent prohibited by law. All personal information provided to this Company's Site will be handled in accordance with the Site's online Privacy Notice.

No compensation of any kind or under any circumstances will be paid to you or any third party with respect to your Submission(s). Company is under no obligation to post or use any Submission you may provide. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

MODIFICATION OF THESE TERMS OF USE
The Company reserves the right to change these Terms of Use from time to time, for any reason, with or without notice. Changes to such the Terms of Use will be effective immediately upon engaging in Company's Sites Activity. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Company's Sites Activity following the posting of changes to these Terms of Use means you accept and agree to the changes.

LIABILITY DISCLAIMERS
Company is not responsible or liable in any way or under any circumstances with respect to software, materials or information a user makes available on the Company's Sites that is not accurate, complete or current. The material on the Company's Sites is provided for general information only and should not be relied upon or used for making significant decisions without consulting primary or more accurate, complete or timelier sources of information. Any reliance on the software, materials or information on the Company's Sites is at your own risk. The Sites may contain certain historical information which is not current and is provided for your reference only.

You acknowledge that any use or disclosure of Company proprietary or confidential information in violation of these Terms of Use will result in irreparable harm to Company and/or its subsidiaries or affiliates, and that Company will have the right to equitable and injunctive relief to cease and prevent such use or disclosure.

The security of any data you submit via the Company's Sites is critical. Company constantly reviews its security practices to help ensure that your data is maintained securely. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond Company's control, and therefore the security of the transmission may be compromised before it reaches the Company's Sites. Accordingly, Company makes no guarantee as to confidentiality or security. IN ADDITION, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE COMPANY'S SITES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY'S SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY'S SITES AT ANY TIME.

COMMENTARY, ADVICE OR INFORMATION RECEIVED THROUGH OR FROM THE COMPANY'S SITES SHOULD NOT BE USED OR RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIANS CONTAINED ON THE COMPANY'S SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, INTENTIONAL OR MALICIOUS ATTEMPTS AT INTRUSION INTO YOUR CONFIDENTIAL AND PERSONAL INFORMATION, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPANY'S SITES, WITH THE DELAY OR INABILITY TO USE THE COMPANY'S SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL OF OTHER MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS OBTAINED THROUGH THE COMPANY'S SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY'S SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY'S SITES, OR WITH ANY OF THESE TERMS OF USE, YOU'RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY'S SITES. YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RESPONSIBILITY AND RISK RELATED TO THE CONFIDENTIALITY, SECURITY, PRIVACY AND INTEGRITY OF DATA YOU ACCESS, SEND, STORE, UPLOAD, DOWNLOAD OR OTHERWISE TRANSMIT ON THE COMPANY'S SITES.

SERVICE CONTACT E-Mail - support@hlcmail.com

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, contractors, agents, other workforce members, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting either from any violation of these Terms of Use or Company's Site Activities, including with respect to the Social Media/Communication Services. If you cause a technical disruption of the Company's Sites or the systems transmitting or supporting the Company's Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

GENERAL

  • These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with regard to same.
  • Company reserves the right at all times to disclose any information on the Company's Sites as necessary to satisfy any applicable law, regulation, legal process or governmental request, including Patriot Act requests, in Company's sole discretion. You agree that in the event Company exercises it rights hereunder for any reason, it shall have no liability.
  • To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Company's Sites.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company solely as a result of your agreeing to these Terms of Use.
  • These Terms of Use inure to Company's agents, assigns, licensors, and successors. Company reserves the right to assign or delegate its duties or obligations under these Terms of Use.
  • If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

TRADEMARK AND COPYRIGHT NOTICES
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site or in any Company's Sites 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 Company's Sites, the related 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 unless approved by us in advance in writing.

You acknowledge and agree that any software or technology underlying the services provided on or through the Company's Sites and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, or other data or copyright materials, including the selection or arrangement thereof, provided or made available to you through the Company's Sites or in connection with the Company's Sites Activity (Company Content) are the proprietary work of Company and or our affiliates providers and/or third party providers or suppliers and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms of Use, 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 Company's Sites, Company Content or the Company's Sites Activity, 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, the Company Content, Company's Sites content or the services provided through such Sites. You may not store any significant portion of any Company's Sites, Company Content or information provided or made available through the services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content, Company's Sites or the services on any server. Any unauthorized or prohibited use of Company Content, Company's Sites' content or the services, including the Company's Sites Activity may subject the offender to civil liability and criminal prosecution under applicable international, 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 and/or receipt of the services provided through the Company's Sites for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize such services for noncommercial personal or educational purposes while these Terms of Use 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 our affiliates providers and/or third party providers or suppliers, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the Company's Sites and the related 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 Company's Sites, the Company Content or the services. The rights granted to you herein are revocable by us in accordance with these Terms of Use.

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