Terms of Service
The FoxyLearning website (“Website”) is a hosted service operated by FoxyLearning LLC (“FoxyLearning”). Any use of the Website is subject to the following Terms of Service (“Terms”), as well as to FoxyLearning’s Privacy Policy, all of which are incorporated by reference into these Terms. These Terms govern your access to and use of the Website and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Website (collectively referred to as “Content”). By accessing this Website, you are agreeing to be bound by these Terms.
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Eligibility
Use of the Website is void where prohibited. The Website is intended solely for users who are thirteen (13) years of age or older. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your account may be terminated and your data deleted without warning, if we believe that you are under 13 years of age.
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Use License
- Content on the Website is copyrighted material owned by or licensed to FoxyLearning. All rights are reserved. The Content contains trademarks, service marks, and trade names which are owned by FoxyLearning and its affiliates, and may also contain brand and product names which are trademarks, service marks, or trade names of third parties which are owned by their respective owners.
- Except as otherwise noted in the Website, you are hereby authorized to temporarily download one copy of the Content (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials;
- or transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by FoxyLearning at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Any product, process, or technology described in the Content or offered for sale through the Website may be subject to other intellectual property rights reserved by FoxyLearning, its affiliates, or third parties. Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of FoxyLearning, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Content on the Website are expressly reserved to FoxyLearning, its affiliates, and/or any third party, as applicable.
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Password-Restricted Areas of the Website
Certain areas of the Website may be password-restricted to registered users or to users who have purchased access (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify FoxyLearning if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify FoxyLearning of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
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Hyperlinks to this Website
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry page of this website and does not portray FoxyLearning or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any FoxyLearning trademark, logo or trade name or other proprietary information including the images found at the Website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of FoxyLearning.
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Links to Third Party Websites
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by FoxyLearning. If you use these links, you may leave the Website. FoxyLearning has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. FoxyLearning does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
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Submissions
You acknowledge that you are responsible for the information and material that you submit to the Website though email or otherwise (each a “Submission”), and that you, and not FoxyLearning, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold FoxyLearning entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by FoxyLearning in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Website or the use of the Website by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Any material, information or ideas you transmit to or post on the Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by FoxyLearning or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to FoxyLearning will be handled in accordance with the FoxyLearning Privacy Policy.
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Refund Policy
A full refund will be offered to any customer who is dissatisfied for any reason with any of our online tutorials. The customer must request a refund BEFORE the tutorial is completed. Once the tutorial is completed, there can be no refund. Contact us at support@foxylearning.com to request a refund or for further information.
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Grievance Procedure
FoxyLearning is fully committed to conducting all activities in strict conformance with the American Psychological Association’s Ethical Principles of Psychologists. FoxyLearning will comply with all legal and ethical responsibilities to be non-discriminatory in promotional activities, program content and in the treatment of program participants. The monitoring and assessment of compliance with these standards will be the responsibility of the FoxyLearning Continuing Education Coordinator in consultation with the Founder/Director of FoxyLearning.
While FoxyLearning goes to great lengths to assure fair treatment for all participants and attempts to anticipate problems, there will be occasional issues that come to our attention that require intervention and/or action. This procedural description serves as a guideline for handling such grievances.
When a grievance arises pertaining to a FoxyLearning tutorial, program, or process, the complainant is expected to notify the Continuing Education Coordinator by phone or in writing as soon as possible so that the nature of the concern may be addressed in a timely fashion. Written complaints or grievances should include: the name, email address, and phone number of the person submitting the complaint or grievance; the title of the tutorial or program in question; and the exact nature of the complaint or grievance.
The CE Coordinator will attempt to resolve the grievance immediately if possible. If immediate resolution is not possible, the Continuing Education Coordinator will bring the complaint to the Founder/Director within one month. All possible care will be taken to uphold the confidentiality of the complainant. The Founder/Director will formulate a response to the complaint and recommended action if necessary, which will be conveyed directly to the complainant. For example, a grievance regarding the content of a tutorial may be resolved by modifications to that tutorial and/or future offerings, and/or by providing a partial or full refund to the complainant or credit toward other tutorials or programs offered by FoxyLearning.
Confidential records of all grievances, the process of resolving the grievance, and the outcome will be kept in locked files of the Continuing Education Coordinator. A copy of this Grievance Procedure will be available upon request.
Please contact the Continuing Education Coordinator to submit a complaint or if you have additional questions. The Continuing Education Coordinator is Daniel J. Moran, Ph.D. (dj@foxylearning.com).
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Disclaimer of Warranties
FoxyLearning makes no, and hereby disclaims all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that FoxyLearning does not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.
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Limitation of Liability
FoxyLearning will not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the Website or any content appearing on the Website. In no event will FoxyLearning be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether FoxyLearning has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of FoxyLearning for damages under this Agreement exceed one hundred dollars ($100.00).
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Revisions to this Agreement
You agree that FoxyLearning can revise these Terms at any time without notice by updating this posting on the Website. You agree that your continued use of the Website after such modifications have been made constitutes your acceptance of such revised Terms. If we decide to change these Terms, we will post those changes on this page, and/or update the modification date below.
- These Terms were last modified on December 18, 2011
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Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c), (2), notifications of claimed copyright infringement should be sent to FoxyLearning LLC’s designated copyright agent. If you believe that Material, or portions of Materials, have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying FoxyLearning LLC regarding allegedly infringing Materials published on the Web Site. When providing notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;
- A description of the copyrighted work you claim has been infringed;
- A description of the location of the allegedly infringing Materials on the Web Site;
- Your name, address, telephone number and email address; and
- A statement regarding why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or law.
FoxyLearning LLC’s designated agent to receive notices of copyright infringement is Eric Fox. You can contact Dr. Fox at:
FoxyLearning LLC
8805 Jeffreys Street #1051
Las Vegas, NV 89123
Phone: 702.546.8369
Email: copyright@foxylearning.com -
General Provisions
- Any claim relating to the Website or the Terms shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions.
- The failure of FoxyLearning to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by FoxyLearning in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
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Contact Us
FoxyLearning can be reached using the following contact information:
FoxyLearning LLC
8805 Jeffreys Street #1051
Las Vegas, NV 89123
Phone: 702.546.8369
Email: info@foxylearning.com
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