Terms of Use

These terms and conditions of use apply exclusively to your access to and use of the FoxyLearning website (the “Site”) and do not alter in any way the terms and conditions of any other agreement you may have with FoxyLearning for products, services or otherwise.

If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below

Privacy Policy

Your use of the Site is governed by the FoxyLearning Privacy Policy, which is available at http://foxylearning.com/privacy and incorporated by reference into these terms.

Tutorial Subscriptions

The Site sells access to online tutorials with two subscription formats: annual and lifetime. Purchasing an annual subscription provides you with unlimited access to the tutorial for one calendar year from the date of purchase. Annual subscriptions do not renew automatically, though you may purchase an additional subscription at any time. Lifetime subscriptions provide you with unlimited access to the tutorial for as long as FoxyLearning is in business and offering the tutorial. If FoxyLearning ceases operations for any reason, an effort will be made to make tutorials available at no additional cost to lifetime subscribers via hosting by a non-profit organization or sale to another company, but this is not guaranteed.

Use of Copyrighted Materials/Trademarks

Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to FoxyLearning. All rights are reserved. The Materials contain 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 Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:

1. Any copy of the Materials or portion thereof must include the FoxyLearning copyright notice.
2. FoxyLearning reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from FoxyLearning.

Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by FoxyLearning, its affiliates, or third parties. Nothing contained in the Site 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 Materials on the Site are expressly reserved to FoxyLearning, its affiliates, and/or any third party, as applicable.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a “hypertext” link to the Site 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 Site, 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.

Links to Third Party Websites

The Site 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 Site. 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.

Password Restricted Areas of the Website

Certain areas of the Site may be password restricted to registered users (“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.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site 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 Site or the use of the Site 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 Site 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 Statement.

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.

LIMITATION OF LIABILITY

Neither 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 site or any content appearing on the site. 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).

Revisions to this Agreement

You agree that FoxyLearning can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

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’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 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’s designated agent to receive notices of copyright infringement is Eric Fox. You can contact Dr. Fox at:

FoxyLearning
300 Euclid Avenue
San Francisco, CA 94118
Phone: 888.422.1992
Fax: 888.422.1992
Email: copyrightfoxylearning [dot] com

General Provisions

Enforcement of these Terms and Conditions will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in the Superior Court of San Francisco in the State of California, and/or the United States District Court for the Northern District of California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of FoxyLearning to enforce any right or provision in these Terms of Use 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 and Conditions to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us

FoxyLearning can be reached using the following contact information:

FoxyLearning
300 Euclid Avenue
San Francisco, CA 94118
Phone: 888.422.1992
Fax: 888.422.1992
Email: infofoxylearning [dot] com