The following terms and conditions (the "Agreement") apply to your access to, and use of the Foundations ELA website and online educational products and services (the "Services"). The Service is owned and operated by Dereck Clemons.
User agrees that all content and materials available on or delivered through the Site or the Services (the "Content”) is the property of Foundations ELA and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law. Foundations ELA is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site Except as otherwise expressly provided herein, User’s use of the Site does not grant to User a license to any Content or Trademark User may access on the Site and no intellectual property rights of any kind are assigned or transferred to User under this Agreement. Use of the Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
The Site and Services may permit the submission of communications and other content submitted by User ("User Generated Content") and the hosting, sharing, and/or publishing of such User Generated Content. User Generated Content should not contain any confidential information.
User owns the rights to anything User posts to the Services, including text and photographs. By submitted User Generated Content, User hereby grants Foundations ELA an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all User Generated Content provided, in any media now known or hereafter devised. With respect to all e-mails User sends Foundations ELA, including but not limited to feedback, questions, comments, suggestions, and the like, Foundations ELA shall be free to use any ideas, concepts, know-how, or techniques contained in the communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
Foundations ELA does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein. User shall be solely responsible for its User Generated Content including any third party permissions or royalty fees required and the consequences of posting or publishing them. Foundations ELA does not and cannot review all User Generated Content, and is not in any manner responsible for the content of the User Generated Content and User hereby irrevocably releases Foundations ELA and its affiliates from any and all liability arising out of or relating to any User Generated Content. Foundations ELA reserves the right to block or remove communications or materials that it determines to be in violation of this policy or is offensive or otherwise unacceptable to Foundations ELA in its sole discretion.
While using the Site and the Services, User agrees not to:
use the Site or the Services in violation of any applicable law;
use the Site or the Services or features in violation of Foundations ELA's or any third party's intellectual property or other proprietary, personal or legal rights;
obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
attempt to gain unauthorized access to other computer systems through the Site;
impersonate any person or entity or misrepresent your affiliation with any other person or entity;
attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site;
use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of Foundations ELA, other Users or others.
FOUNDATIONS ELA DOES NOT WARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE Services ANY OTHER MATERIALS OR Services PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL DEFECTS. FOUNDATIONS ELA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, FOUNDATIONS ELA MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET THE REQUIREMENTS OF SUBSCRIBER, (ii) THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY FOUNDATIONS ELA, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that Foundations ELA may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
Foundations ELA may restrict, suspend, or terminate this Agreement and User’s access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.
Upon termination notice from Foundations ELA, User will: (i) no longer access (or attempt to access) the Services and (ii) delete all software (and copies thereof) provided in connection with the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Foundations ELA DMCA Claims Attn: Foundations ELA, P.O. Box 185, Burlingame, CA 94011. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The following terms of this Agreement shall have the meaning as set forth herein:
a. "Member or Members" shall mean you are registered with the Site for a Foundations ELA User ID and password;
b. "Student or Students" shall mean that you are a registered student or parent or legal guardian on behalf of a student, with a Foundations ELA User ID and password for the Site, and have enrolled or have enrolled your child in courses and/or instructional support offered within and through the Site and have paid the corresponding fees;
c. "User" shall mean a Student and/or Member;
Foundations ELA reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is the User's responsibility to check this Agreement periodically for changes. User's continued use of the Site or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Sites and the Services.
Foundations ELA hereby grants User a personal, nontransferable, non-sublicensable, non-exclusive license to access and use the Services solely for User's personal, non-commercial, educational use, and only in accordance with the written instructions/directions provided by Foundations ELA. Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Services are solely for User's own personal use, and not for the use or benefit of any third party. Foundations ELA may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time, or modify this Agreement with or without notice to User. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified. User agrees that Foundations ELA shall not be liable to User or to any third party for any modifications, suspensions or discontinuance of the Site, or any portion thereof. Nothing in this Agreement shall be construed to obligate Foundations ELA to maintain and support the Site, or any part of portion thereof, during the term of this Agreement.
In order to use Foundations ELA User must be at least 18 years of age or be 13 or older and have your parent or guardian’s consent to this Agreement and, if User represents a Member and is not using Foundations ELA in User’s individual capacity, User (i) is an employee, director, or agent of the Member; (ii) confirms that Member has agreed to be bound to this Agreement and privacy notice; and (iii) is authorized by Member to use Foundations ELA on its behalf. User also certifies that User is legally permitted to use the Services and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Members and Students are required to register with Foundations ELA and select a password and Username ("Foundations ELA User ID"). User shall provide Foundations ELA with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Foundations ELA reserves the right, in its discretion, to cancel or refuse registration of a Foundations ELA User ID. User shall be responsible for maintaining the confidentiality of User's Foundations ELA password and other account information.
The Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to User and not as an endorsement by Foundations ELA of the content on such External Websites. Foundations ELA is not responsible for the content of any linked External Websites and does not make any representations regarding the content or accuracy of materials on such External Websites. Foundations ELA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Services. User shall defend, indemnify, and hold harmless Foundations ELA, its affiliates, and each of its and its affiliates' officers, directors, employees, successors, licensees, service providers, and assignees from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from: (i) User's access, to, use or misuse of the Content, the Site, or the Services, (iii) User’s User Generated Content, or (iii) User's violation of this Agreement.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and commitments with respect thereto. There are no other oral or written understandings, terms or conditions with respect to the subject matter of the Agreement, and neither party has relied upon any representation, express or implied, not contained in the Agreement. The rights and remedies of the parties are cumulative and not alternative. No waiver of any rights is to be charged against any party unless such waiver is in writing signed by an authorized representative of the party so charged. Neither the failure nor any delay by any party in exercising any right, power, or privilege under the Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. No modification of or amendment to the Agreement will be effective unless in writing signed by authorized representatives of both parties. If any provision of the Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent. User may not assign or otherwise transfer any of its rights or obligations under the Agreement without the prior written consent of Foundations ELA, which consent may be granted or withheld in its sole and absolute discretion. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any purported or attempted assignment or other transfer or delegation in violation of this Section shall be null and void.
Because I reserve tutoring sessions specifically for you, please provide at least 24 hours advance notice for cancellations or rescheduling requests. Late cancellations, late arrivals, and no-shows will be charged in full. For late arrivals to one-hour sessions, the instructor will keep the session open for 20 minutes before closing the session.