WEB SITE TERMS OF USE AND PRIVACY STATEMENT
TERMS AND CONDITIONS OF USE
Welcome to the summerlandeducation.com website (“Site”), which is comprised of various web pages and subdomains operated by Summerland Education, LLC (or others authorized by it) (“Summerland Education” or “we” or “us). This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, requirements, and notices contained herein (“Terms”). Your use of this Site constitutes your express agreement to all the Terms. Any rights not expressly granted herein are reserved by Summerland Education.
These Terms contain important information, notices, and requirements that must be observed and complied with. Please read them carefully and keep a copy of them for your reference. This Site is an informational and e-commerce website that provides quality products and services. You must be 18 years or older to purchase anything on or through this Site.
As a condition of your use of this Site, you warrant to Summerland Education that you will not use this Site for any purpose that is unlawful or that is prohibited by these Terms.
Summerland Education makes no representations or warranties about the suitability for any purpose of the information, content, materials, and associated or related images, graphics, and text on this Site (including, without limitation, all information, software, text, displays, images, video, and audio, and the features, functionality design, selection, and arrangement thereof, as well as all educational, instructional, and training materials, classes, seminars, workshops, activities, content, and the like, whether made available via, print, electronically, digitally, online, or any other medium or media whatsoever) (“Content”) or any references to products, programs, classes, seminars, workshops, activities, events, and other services (“Services”), all of which is exclusively owned by Summerland Education. The Content, which is only for general information or use unless otherwise provided expressly in these Terms, is provided “as is,” without warranty of any kind. This Site, including (without limitation) the Content does not constitute advice and should not be relied upon in making, or refraining from making, any decision or purchase or from taking, or not taking, any action. (The term “Site” shall hereinafter also be defined to include the terms “Content” and “Services.”)
The Site may contain technical inaccuracies or typographical errors, although we try hard to limit such. The Site may be changed or updated without notice. Summerland Education may also make improvements, enhancements, and/or changes in and to the Content or Services contained or described on the Site at any time without notice. Furthermore, the Site is current only on the date that the Content and/or Services are issued. Summerland Education undertakes no obligation to update this Site to reflect events or circumstances that occur after the date on which such is issued.
Use/Access
You are responsible for making all arrangements necessary for you to have access to this Site and for ensuring that all persons who access such through your internet connection are aware of these Terms and comply with them. You expressly agree not to sell, auction, loan, rent, lease, give away, describe, summarize, or otherwise reveal the Services or their contents to any other person or entity. You also warrant that you are not an agent or employee of any other similarly situated company, and you agree to not use, retransmit, publish, distribute, display, or otherwise make available any of the Services for any other business endeavor or to any other individual or entity unless duly authorized or approved by Summerland Education. Any breach of these Terms automatically terminates your authorized use of this Site (including the Content and the Services) in addition to all other remedies available at law and/or equity.
Third Party Websites, Hyperlinks, Materials, and Services
This Site may contain links to Web sites operated by or services provided by parties other than Summerland Education (“Third Party Websites”). Such Third-Party Websites are provided for your convenience only. Summerland Education does not control such Third-Party Websites and is not responsible or liable for anything on or in connection with such Third-Party Websites including their contents. Summerland Education’s inclusion of links to such Third-Party Websites does not imply any endorsement, sponsorship, or approval of the content or material on such Third-Party Websites or any association with their owners or operators. Such Third Party Websites are solely responsible and liable for their own: (i) the content, accuracy, correctness, reliability, sufficiency, quality, and usefulness of their respective content, (ii) complying with all applicable federal, state, and local laws, rules, and regulations, and (iii) any protection and enforcement of the rights in their respective content. Summerland Education shall have no liability or responsibility whatsoever for or on account of any injury, loss, or damage (including for any consequential, incidental, indirect, direct, exemplary, special, or punitive damages) arising out of or in connection with the Third-Party Websites, including (without limitation) their content or your use or reliance on such content. It is up to you to take precautions to ensure that whatever you select for your access or use is safe, accurate, correct, truthful, and free of items such as viruses, worms, trojan horses, and other items of a destructive nature.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES) ARE AT YOUR SOLE RISK AND YOU ASSUME ALL RISK RELATED TO YOUR FUTURE USE OF SUCH. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THIS SITE. ANY RELIANCE YOU PLACE ON SUCH IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH BY YOU. UNLESS OTHERWISE EXPLICITLY STATED, ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND “WITHOUT FAULT” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE) REGARDING THE CONTENT AND SERVICES, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, SUITABILITY, COMPLETENESS, CORRECTNESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SERVICES, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT WARRANT THAT THE SERVICES OR RELATED PRODUCTS WILL MEET ANY SPECIFIC OR INTENDED RESULT OR WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SERVICES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
Limitation of Liability and Indemnity
YOUR USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES) IS AT YOUR OWN SOLE RISK. SUMMERLAND EDUCATION (INCLUDING, WITHOUT LIMITATION, ITS OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, HEREINAFTER “SUMMERLAND EDUCATION”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, COPYING, DISTRIBUTING, REFERENCING, ACCESSING, OR DOWNLOADING ANY CONTENT, SERVICES, OR HYPERLINKS ON THIS SITE. IN NO EVENT SHALL SUMMERLAND EDUCATION BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THIS SITE OR THESE TERMS. SUMMERLAND EDUCATION SHALL NOT BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION-HANDLING OR LIKE SYSTEMS) AND/OR LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE. SUMMERLAND EDUCATION SHALL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SUMMERLAND EDUCATION HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SUMMERLAND EDUCATION FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DAMAGES, LIABILITIES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES) ARISING FROM YOUR FAILURE TO COMPLY WITH ANY PROVISION OF THESE TERMS.
Intellectual Property
This Site, including all Content and the Services are owned exclusively by Summerland Education (and its licensors or other providers of such material and used with permission, as applicable) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All Content on this Site is, to the extent permitted by law, copyrighted and otherwise proprietary. No reproduction, transmission, distribution, modification, creation of derivative works of, publicly display, publicly performance, republish, download, storage, or other use of this Content or the Site is permitted without the prior written permission of Summerland Education (or as may be expressly permitted by these Terms), with any such applicable permitted use of permitted only for very limited personal, non-commercial use only. In such limited instances, the following copyright notice must be prominently displayed:
© 2021 Summerland Education LLC. All Rights Reserved.
SUMMERLAND EDUCATION, the Summerland Education logo, and all other names and marks of Summerland Education products and/or services displayed on or referenced in this Site are trademarks, service marks, and/or registered trademarks/service marks of Summerland Education. All rights in and to such marks, as well as this Site (including the Content and Services), that are not expressly granted herein are expressly reserved. You agree to use this Site only in ways that comply with all applicable laws, as well as with these Terms, and that do not infringe or violate the rights of any other person or entity.
Confidential and Proprietary information
Summerland Education does not want to receive confidential or proprietary information from you through our Site. Please note that any and all information or material sent to Summerland Education will be deemed to NOT be confidential. Unless otherwise explicitly stated, any information or materials provided by you in connection with this Site shall be deemed to be provided on a non-proprietary and non-confidential basis. Summerland Education shall have no obligation or responsibility of any kind with respect to such information or materials and shall be free to use or disseminate such on an unrestricted basis for any purpose. By sending or providing to Summerland Education any information or material, you grant Summerland Education an unrestricted, irrevocable, non-royalty license to use, reproduce, display, perform, modify, transmit, rebroadcast, and distribute such information or materials, and you also agree that Summerland Education is free to use for any purposes any ideas, concepts, know-how, techniques, and the like that you send us. You acknowledge that you are responsible for the information, materials, and disclosures that you submit, and you, not Summerland Education, have full responsibility and liability for such information, materials, and disclosures, including their legality, reliability, appropriateness, trustworthiness, correctness, accuracy, originality, and copyright.
PRIVACY POLICY
Introduction
Summerland Education recognizes the importance of protecting the privacy of all information provided by visitors to and users of this Site. We created the following policy guidelines to guide our relationships with our users based on a fundamental respect for your right to privacy.
Collection and Security of Personal Information
Summerland Education collects some information voluntarily offered by users of this Site (including, without limitation, in connection with the Content and Services including the educational, instructional, and training classes, seminars, workshops, and the like, whether online or in person). Summerland Education uses reasonable precautions to maintain the security of the personal information of users and to disclose such information only to third parties after permission from the user. However, no security system is perfect. Therefore, Summerland Education is not responsible if someone manages to circumvent our security measures and gain access to the database, including information pertaining to individual users, nor can we be responsible for any use, reproduction, or disclosure they may make of it.
Disclosure to Third Parties
Summerland Education may disclose specific user information (such as identity and contact information) if we believe that such disclosure is necessary or desirable to: (i) fulfill legal or regulatory requirements, (ii) protect our rights or those of others, (iii) prevent or mitigate harm or damage of any kind or nature, or (iv) address or seek redress for a violation of these Terms or other obligations to Summerland Education or any third party, including our partners, advertisers, and other users.
Additionally, Summerland Education may collect, analyze, and disclose to others aggregated information (which includes users’ specific information but only as an unidentifiable part of the aggregate) gathered from overall use of the Site or features, the Services, or areas of the Site. Among other purposes, this information allows us to analyze usage trends and other items so that we can maintain an effective, responsive Site.
Finally, if Summerland Education is sold (in whole or part), merged with, or otherwise acquired by a third party, then your information may be (i) disclosed, under duty of confidentiality, to a potential purchaser or merger partner as part of the pre-closing due diligence process, or (ii) included among the transferred assets.
Contact by Summerland Education
Through the use of e-mail addresses provided at registration, entry, or otherwise, Summerland Education may periodically send out e-mail newsletters, promotional e-mails, and the like to our users about Services offered by Summerland Education. Upon specific written request, we will remove you (and your information) from our database or permit you to otherwise “opt-out” of any further e-mail newsletters or contact.
Third-Party Partners, Linked Sites, and Advertisers
In addition to the information that we collect, our partners, advertisers, or other third parties may collect information that you provide in connection with a co-branded page, such as third party-sponsored contest or product/service offering on the Site. In such cases, the information is the property of the sponsoring third party, as well as Summerland Education. Additionally, if you provide information to a Third Party Website, then the information is the property of the owner or operator of such Third Party Website, and may be used as outlined in that Third Party Website’s privacy or user policy; Summerland Education is not responsible or the content terms of use, privacy policies, or acts or omissions of any such Third Party Websites or any websites of our business partners, advertisers, or other third parties. We do not necessarily recommend, authorize, sponsor, approve, or endorse the goods or offered or provided by any such third party or linked site.
Changes to the Terms of Use and Privacy Policy
Summerland Education may revise the Terms or Privacy Policy from time to time without notice. Unless expressly stated otherwise, changes and updates will become effective immediately upon their posting. You should check the Site regularly to ensure you are apprised of any new changes or updates as such is your responsibility.
General
If any provision of these Terms is held to be invalid or unenforceable, then that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms are personal, nonexclusive, and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing herein shall be deemed to confer any third-party rights or benefits. These Terms set forth the entire understanding and agreement between you and us with respect to this subject matter.
Governing Law and Jurisdiction.
All matters relating to the Site (including the Terms, Content, and Services), and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the State of Wisconsin or the federal courts of the United States although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Questions
If you have any questions or concerns about these Terms or the Privacy Policy, you may email us at info@summerlandeducation.com.
(Prepared May 6, 2021)
