Website and Online Educational Content

Terms and Conditions of Use

This is a contract. Please carefully read the following terms before accessing this site and the Online Educational Content (hereafter, OEC). By accessing the site, which includes the OEC, You accept and agree to all of the covenants and conditions imposed in this agreement. By using WisdomofLearning.com’s service, You agree that You have read, and that You understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, modifications which WisdomofLearning.com may make at any time. Your continued use of this site will be deemed Your conclusive acceptance of any modified agreement.

1. Contact Information

Wisdomoflearning.com is a product owned by:

SummerSmith, Inc.

6964 N. Mercer Spring Place

Tucson, Arizona 85718

Customer Service E-mail: support@WisdomofLearning.com

2. Definitions

  • “Access” or “Accessing” means accessing, using, viewing the Online Educational Content (OEC), or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
  • “Educator” means a teacher at an school, college, or university. An Educator is also a Subscriber.
  • “Multi-User Subscriber” refers to a Subscriber who purchases a subscription to the Online Educational Content (OEC) for multiple Users.
  • “OEC” (see “Online Educational Content”)
  • “Online Educational Content,” or “OEC,” means the subscription-based database of audio-visual works that is available through the Site and is part of the Site.
  • “Single-User Subscriber” refers to a Subscriber who purchases a subscription to the Online Educational Content (OEC) for one (1) User.
  • “Site” (see “Website”)
  • “Student” means a pupil at an accredited school, college, or university. A Student is also a Subscriber.
  • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Educational Content (OEC), and may be a Single-User Subscriber, Multi-User Subscriber, Educator, Student, or gift subscription recipient.
  • “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another entity, “User” refers to You and Your principal.
  • “Website,” or “Site,” refers to the website maintained on the World Wide Web by WisdomofLearning.com, available at http://www.WisdomofLearning.com and includes the Online Educational Content (OEC).
  • “Wisdomoflearning.com” (or “WisdomofLearning.com”) refers to an online educational product owned by SummerSmith Inc., an Arizona corporation.
  • “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another entity, “You” or “Your” refers to the User and the User’s principal.

3. Modification of Terms

Wisdomoflearning.com reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after WisdomofLearning.com gives notice to the User. Notice can be given through e-mail, a posting on the Site, or any other means by which a User may obtain notice. The User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License

Wisdomoflearning.com hereby grants each Subscriber a limited, non-exclusive, non-sublicensable, and non-transferable license to Access the OEC and information available in the OEC according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms, for a limited period of time. Each Multi-User Subscriber may allow only its employees and agents to Access the OEC. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the OEC. “Each Multi-User Subscriber agrees that the OEC may not be Accessed by more than the authorized number of Users agreed on and purchased by the Multi-User Subscriber. Each User shall be authorized to Access the OEC from any Internet connection. A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.

  • Right of Access to the OEC granted under these Terms is effective only for a limited period from first day of access.

5. Fees: Renewal; Refund Policies

The subscription fee shall be payable immediately on the date of our acceptance of Your registration and shall be non-refundable. Where You wish to pay the subscription fee by credit or debit card, You hereby represent that You are the owner, holder, and authorized user of the credit or debit card specified by You on our registration form and You agree that we are authorized to take payments from Your account as due. Single-User Subscribers Annual

  • Access to the OEC.
  • Annual subscription plan.
  • Subscription fees are non-refundable.
  • Right of Access to the OEC granted under these Terms is effective only upon payment of the subscription fees.

Multi-User Subscribers

  • Access to the OEC.
  • Annual subscription plan.
  • If Subscriber paid by credit card: Automatically renews yearly until cancelled by Subscriber.
    • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29, 2008 subscription would renew on February 28, 2009).
    • Fees charged on renewal date.
    • Only subscriptions purchased after the effective date of these Terms shall automatically renew as set forth herein.
  • If Subscriber paid by cash or purchase order: Subscription does not automatically renew.
    • Prior to expiration, WisdomofLearning.com will provide invoice to the Subscriber for renewal payment.
    • If Subscriber fails to remit renewal payment prior to expiration, WisdomofLearning.com will cancel subscription.
  • Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees.
  • Discounts, rebates, or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates.
  • Wisdomoflearning.com may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that WisdomofLearning.com provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
  • Wisdomoflearning.com may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information (if Subscriber paid by credit card).
  • Right of Access to the OEC granted under these Terms is effective only upon payment of the subscription fees.

Academic Program Subscribers (Educator or Student)

  • Subscription limited to length of program chosen by Educator.
  • No automatic renewal.
  • Subscription fees are non-refundable.
  • Wisdomoflearning.com may increase fees to Students or require fees from Educators for any subsequent program.
  • Right of Access to the OEC granted under these Terms is effective only upon payment of the subscription fees.
  • Right of Access to the OEC is granted only if Educator’s application is approved.

6. Gift Subscriptions

The following gift subscriptions for Access to the OEC are available for purchase:

  • Yearly (one-year subscription to OEC):

A person can purchase the gift subscription on the Site. After a person purchases a gift subscription, WisdomofLearning.com will send a welcome email to the recipient informing the person of the gift subscription. Gift Subscription Terms and Conditions

  • No refunds.
  • No exchange or surrender for cash value.
  • A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms.

7. Access to the OEC; Modification of the OEC

Wisdomoflearning.com strives to provide the OEC to its Subscribers on a continuous basis. To that end, WisdomofLearning.com will take all commercially reasonable efforts to provide uninterrupted Access to the OEC to its Subscribers. However, from time to time, Subscribers may be unable to Access the OEC due to conditions beyond WisdomofLearning.com’s control. Such conditions include, but are not limited to the following: force majeure, acts of God, power outages, legal challenges related to copyright or trademark challenges, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OEC to its Subscribers, WisdomofLearning.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel, or money. Wisdomoflearning.com endeavors to provide the highest-quality OEC to its Subscribers. To that end, WisdomofLearning.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the OEC, availability, Access, and/or the Terms of this Site. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, notice which may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary for use of the Site.

8. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload, or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment, or service of the Site, or adversely affects WisdomofLearning.com’s computers, servers, or databases.
  • Capture, download, save, upload, print, or otherwise retain information and OEC available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the OEC using Your username and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or create derivative works from; assign, license, transfer, or adapt any of the software, information, text, graphics, source code or HTML code, or other OEC available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the OEC available on the Site.
  • Transfer the Site OEC to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site’s OEC; or “deep link” to the Site’s OEC.
  • Violate or attempt to violate WisdomofLearning.com’s security mechanisms, Access any data or server You are not authorized to Access, or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site, or WisdomofLearning.com.
  • Use the Site to violate a third party’s intellectual property, personality, publicity, or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or OEC in violation of a third party’s intellectual property rights.
  • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by WisdomofLearning.com.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable, or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods, or services on the Site.
  • Provide any commercial hosting service with Access to the Site and/or the OEC on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, WisdomofLearning.com reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OEC to any person or entity whose use of the OEC suggests Prohibited Conduct. Access of the materials available at the OEC beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OEC and will result in revocation or denial of Access to the OEC. The terms “normal patterns” and “abuse” shall be determined solely by WisdomofLearning.com. You agree not to violate any U.S., foreign, or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this site.

9. Limited Warranties

Wisdomoflearning.com warrants that the software that allows Users to Access the OEC, if operated as directed, will substantially achieve the functionality described on the Site. WISDOMOFLEARNING.COM PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT, AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. WISDOMOFLEARNING.COM’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE OEC. THE USER MUST INFORM WISDOMOFLEARNING.COM OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM, OR WISDOMOFLEARNING.COM WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. WISDOMOFLEARNING.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE PROVIDED IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH WISDOMOFLEARNING.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

10. Disclaimers and Limitation of Liablity

Liability THE USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. THE CONTENT OF THIS SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IN NO WAY SHOULD THIS SITE BE UTILIZED AS A SUBSTITUTE FOR PROFESSIONAL SERVICES, DIAGNOSIS, TREATMENT, OR ADVICE FROM YOUR PHYSICIAN; NOR SHOULD IT BE USED AS A SUBSTITUTE FOR OTHER HEALTHCARE OR A MENTAL HEALTHCARE PROFESSIONAL. CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE BEGINNING ANY MEDICINAL, NUTRITIONAL, HERBAL, EDUCATIONAL, DIETARY, OR EXERCISE PROGRAM. WISDOMOFLEARNING.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. WISDOMOFLEARNING.COM DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, TIMELY, OR COMPLETE; OR THAT IT COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL WISDOMOFLEARNING.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD-PARTY CONTENT PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS FROM PERSONAL INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, ACADEMIC PERFORMANCE, OR LOSS OF GOODWILL; LOSS FROM WORK STOPPAGE, LOSS FROM COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT WISDOMOFLEARNING.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OEC, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL WISDOMOFLEARNING.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT WISDOMOFLEARNING.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OEC, EVEN IF WISDOMOFLEARNING.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF WISDOMOFLEARNING.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WISDOMOFLEARNING.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF WISDOMOFLEARNING.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. WISDOMOFLEARNING.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES, IN EXCESS OF THE AMOUNT WISDOMOFLEARNING.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

11. Third-Party Content; Hyperlinks

You acknowledge that WisdomofLearning.com does not pre-screen third-party materials. Wisdomoflearning.com is not the publisher or author of any information on the Site that is provided by third-party content providers, and WisdomofLearning.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and WisdomofLearning.com’s use of the third-party content constitutes neither an endorsement nor a recommendation by WisdomofLearning.com of the content. Wisdomoflearning.com assumes no responsibility for third-party products or services. Wisdomoflearning.com may contain links and references to other third-party websites and materials. Wisdomoflearning.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. WisdomofLearning.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Wisdomoflearning.com may disable any hyperlink to the third-party website. Wisdomoflearning.com has the right but not obligation to monitor third-party websites and hyperlinks to the Site. Wisdomoflearning.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows Users to access information found on another site. Additionally, WisdomofLearning.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

12. Copyrights, Trademarks, and Other Proprietary Rights

Wisdomoflearning.com or its third-party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site; its color combinations, laYout, and all other graphical elements; and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by WisdomofLearning.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OEC may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of WisdomofLearning.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of WisdomofLearning.com’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret, or know-how to WisdomofLearning.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

13. Indemnification

The user agrees to defend, indemnify, and otherwise hold harmless WisdomofLearning.com and its officers, directors, agents, employees, shareholders, successors, and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from the User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

14. Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. Wisdomoflearning.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Wisdomoflearning.com may suspend Your Access while it conducts an investigation. Users are required to enter a username and password to Access the OEC. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your username and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, username, or password of someone else at any time. You agree to notify WisdomofLearning.com immediately of any unauthorized use or loss of Your account, username, password, and/or credit card information. You also agree to notify WisdomofLearning.com immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Wisdomoflearning.com will not be liable for any loss that You incur as a result of someone else using Your username and password with or without Your knowledge. You may be held liable for any losses incurred by WisdomofLearning.com, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of Your account, username, or password. Wisdomoflearning.com will never ask You for Your password. If You need a new username and/or password, WisdomofLearning.com will generate a new username and password automatically through its computers and send it to Your e-mail or postal address.

15. Termination of Agreement

In addition to WisdomofLearning.com’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Wisdomoflearning.com may also terminate Access to the OEC or cancel subscriptions to the OEC without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or that You have engaged in conduct that WisdomofLearning.com deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

16. Privacy Policy

Wisdomoflearning.com values Your trust. In order to honor that trust, all of WisdomofLearning.com’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review WisdomofLearning.com’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

17. Miscellaneous

These Terms constitute the entire agreement between WisdomofLearning.com and the User regarding the subject matter hereof. Any previous agreement, whether oral or written, between WisdomofLearning.com and the User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon the User’s breach or threatened breach of these Terms, WisdomofLearning.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Wisdomoflearning.com’s remedies are cumulative and not exclusive. Failure of WisdomofLearning.com to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. The User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or the User will be forever barred. By Accessing the Site, the User signs for and accepts this shortening of the statutes of limitations. Wisdomoflearning.com makes no representation that the content of the Site is appropriate or available for use in all locations. Wisdomoflearning.com operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Wisdomoflearning.com cannot provide notifications via post, only e-mail.

18. Governing Law; Dispute Resolution; Forum and Venue

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Arizona law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and WisdomofLearning.com shall be finally resolved through binding arbitration in Tucson, Arizona. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Arizona Superior Court, County of Pima, or the United States District Court for the District of Arizona. The parties shall share equally the costs of the arbitrator, arbitration body, and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Arizona Superior Court, County of Pima, or the United States District Court for the District of Arizona for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim, or action. EFFECTIVE DATE: January 1, 2012