Scientific Learning Corporation (“we” or “SLC”) provides Fast ForWord Home to you, subject to these Terms of Service, which may be updated periodically without prior notice. Failure to comply with these Terms of Service may result in account revocation.
DESCRIPTION OF PROGRAM
Fast ForWord Home is a family of services that include interactive learning programs accessed using a web browser; in addition, consulting services are included for a limited time following your purchase of Fast ForWord Home to assist you in helping your child use Fast ForWord Home effectively. In these Terms of Service, the Fast ForWord Home website (fastforwordhome.com), the Fast ForWord Home services, and the service of providing access to the software exercises included are collectively called Fast ForWord Home. Fast ForWord Home is provided and operated by Scientific Learning Corporation.
Access to Fast ForWord Home requires that a subscription be purchased at the cost specified on the Fast ForWord Home website or as quoted to you by the Fast ForWord Home sales representative. Which software exercises and services you may access may depend on what kind of subscription you have purchased.
Once a parent purchases a subscription, the parent receives an account. When we set up this account for a parent, we also activate a subscription to the specified Fast ForWord Home program(s) for their child and provide the parent with user names and passwords for both the parent and the child. The child may then use the learning exercises in the Fast ForWord Home product(s). By providing the password to your child, you consent to his or her use of Fast ForWord Home.
There is a cost for the subscription. You are responsible for paying the subscription fees and for obtaining and maintaining all equipment and internet service required to use Fast ForWord Home as described in our System Requirements at your own expense.
Your initial purchase of Fast ForWord Home includes consulting services for a limited time to assist you in helping your child use Fast ForWord Home effectively. Additional consulting services may be purchased by contacting a Fast ForWord Home sales representative at 888-750-0116. Once the period of consulting services has ended, your subscription to the online Fast ForWord Home learning programs will continue on a monthly basis until you cancel your subscription. You may cancel your subscription by contacting a Fast ForWord Home representative at 888-750-0116, subject to the terms of our Refund and Cancellation Policy.
You will be charged the rate stated at the time of purchase (plus applicable taxes, such as value added tax when the stated rate doesn’t include VAT) at the beginning of each billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent your subscription from lapsing.
Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. We will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription by contacting a Fast ForWord Home representative at 888-750-0116, subject to the terms of our Refund and Cancellation Policy.
PROPRIETARY RIGHTS AND RESTRICTIONS
Fast ForWord Home may be used only by the persons for whom a subscription has been purchased, and only for the term of that subscription. Each subscription may be used by only one person, for that person’s own personal educational purposes.
SLC reserves all rights, title and interest in and to Fast ForWord Home, including all intellectual property rights. No rights are granted to users or purchasers except as provided in this Terms of Service.
You agree on behalf of yourself and any learner for whom you activate a subscription not to: (1) modify, copy or create derivative works based on Fast ForWord Home; (2) frame or mirror any content forming part of Fast ForWord Home; (3) reverse engineer all or any part of Fast ForWord Home; or (4) access Fast ForWord Home in order to build a competitive product or service or to copy any ideas, features, functions or graphics of Fast ForWord Home.
YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a Fast ForWord Home account. In some cases, a Fast ForWord Home representative may work directly with you to complete the account registration and verification process. In other cases, you may complete the account registration and verification process on your own online. Either way, during registration, all users are required to provide accurate, complete, and current information about themselves in all required fields. Should any of your own information change after submitting it to us, you are required to update that information as soon as possible. Should we suspect that your personal information is not complete, current, or accurate, your account, and your access to the product, may be subject to suspension or termination.
PUTTING YOUR ACCOUNT ON HOLD
If for some reason you need to temporarily pause your use of the Fast ForWord Home services, you may put your account on hold (a “Hold Period”). During a Hold Period, your subscription is suspended and any unused services remain available for you to use once you reactivate your account. Only one Hold Period is allowed in any given 12-month period, and no Hold Period may exceed 6 months. To start a Hold Period or end a Hold Period, you must contact a Fast ForWord Home sales representative at 888-750-0116. If you fail to reactivate your account within 6 months after initiating a Hold Period, any unused Fast ForWord services will be forfeited and you will not be entitled to a refund.
Please remember that Fast ForWord Home is designed to be used by children under the supervision of their parents. It is your responsibility to determine whether each of the Fast ForWord Home areas is appropriate for your child. As the parent or legal guardian of the user of an activated subscription to Fast ForWord Home, you are responsible for your child’s use of Fast ForWord Home.
You agree to indemnify and hold SLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Fast ForWord Home, your connection to Fast ForWord Home, your violation of the Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using Fast ForWord Home. Parents or legal guardians who activate subscriptions to Fast ForWord Home are solely responsible for the actions of users of the subscription as if they were the user of the products and website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may send you emails regarding your use of Fast ForWord Home. However, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that we may establish limits concerning use of Fast ForWord Home and may modify these limits at any time. These limits may include the length of time data associated with a subscription may be stored, storage amounts, and access restrictions.
We reserve the right to modify or discontinue Fast ForWord Home, temporarily or permanently, with or without notice at any time. You agree that Fast ForWord Home shall not be liable to you or to any third party for any such modification, suspension, or discontinuance, except that if we permanently discontinue Fast ForWord Home so that you cannot access the Fast ForWord Home exercises during the period of your paid subscription, we will refund to you that portion of your subscription price that relates to the period after which the site was permanently discontinued.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Fast ForWord Home, or the right to use or access Fast ForWord Home, or otherwise use the Fast ForWord Home for any commercial purpose.
You agree that we, in our sole discretion, may terminate your password(s), username(s), or account(s) and remove and discard any content relating to you in Fast ForWord Home if your subscription has expired, if you have failed to make any payment due with respect to Fast ForWord Home, or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at our discretion, will be terminated as well. Any such termination may be effected with or without prior notice.
Fast ForWord Home, or relevant third parties, may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that SLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We do not endorse or adopt, and make no representation or warranty as to the safety, accuracy, or completeness of, those websites or their content. You further acknowledge and agree that SLC 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 use of or reliance on any such content, goods or services available on or through any such website or resource.
FAST FORWORD HOME AND FASTFORWORDHOME.COM PROPRIETARY RIGHTS
You acknowledge and agree that Fast ForWord Home may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Fast ForWord Home code and specifications, and all other related code and specifications, are made available subject to their express or implied licenses. Except as expressly authorized by SLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Fast ForWord Home, in whole or in part.
USER GENERATED CONTENT
Fast ForWord Home may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible to visitors and users of Fast ForWord Home (collectively and individually “Content”). All Content, whether publicly posted on or privately transmitted via Fast ForWord Home is the sole responsibility of the person from whom the Content originated and not of SLC, its shareholders, directors, officers or employees. If you own your Content this agreement does not limit your ownership in any way. Whatever rights you have in Content you post you retain. Fast ForWord Home may review and delete any Content, in whole or in part, that in its sole judgment violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. It is your responsibility to evaluate the Content you post or make available.
GRANT OF RIGHTS BY YOU FOR YOUR CONTENT
While you retain any and all rights, including ownership, in any Content you make available through Fast ForWord Home, SLC needs certain rights to that Content and in that Content in order to make Fast ForWord Home available. Accordingly, you grant to SLC a non-exclusive, royalty-free, perpetual, world-wide, transferable license with the right to grant sublicenses through multiple tiers of sublicensees to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to render or deliver Fast ForWord Home. This license enables SLC to provide Fast ForWord Home and provide access to the Content as you request in connection with the operation of Fast ForWord Home and is not intended to otherwise limit your rights to your Content. Fast ForWord Home reserves the right to use your Content for advertising and promotional purposes.
RIGHTS OF FAST FORWORD HOME USERS
Fast ForWord Home grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Content of other users of Fast ForWord Home (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with Fast ForWord Home and other SLC websites in accordance with these Terms of Service and solely to the extent of the license granted by the user to Fast ForWord Home under these Terms of Service.
You understand that the Fast ForWord Home programs to which you have subscribed are made available to Fast ForWord Home users on an AS-IS, AS-AVAILABLE basis. Fast ForWord Home does not guarantee the availability of its products or the Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. Fast ForWord Home reserves the right to discontinue any aspect of Fast ForWord Home at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
While we do not guarantee the availability of Fast ForWord Home, if you experience a Service Outage, as described below, we will add one week on to the term of your current subscription, in accordance with the procedures set forth below.
A Service Outage occurs when (a) your child is completely unable to use the exercises in the Fast ForWord Home products for which you have purchased a subscription for a period of 72 consecutive hours (excluding any outage time that occurs within the scheduled maintenance window) and (b) the SLC Systems or the failure of the SLC Systems to remain connected to and available over the Internet caused this inability. The SLC Systems means the Fast ForWord Home website (fastforwordhome.com), the Fast ForWord Home exercises for which you have purchased a license, the SLC servers on which these are hosted, and the associated software on such servers and associated SLC hardware for hosting and making the Fast ForWord Home website and exercises available over the Internet. For the avoidance of doubt, any inability of your child to access and use the Fast ForWord Home products due to any of the following shall not constitute a Service Outage: failures, incompatibilities or other issues with respect to the user’s equipment or software, failure of the user to have and maintain access to the Internet and the ability to generally access websites on the World Wide Web, or any general communication, availability or performance failures or similar issues with respect to the Internet.
The additional week will be added only if you report the outage to Fast ForWord Home support within 24 hours after the beginning of the 72 consecutive hour period.
Fast ForWord Home is scheduled for maintenance each Thursday from 9pm until 1am Friday morning, Pacific time, and will not be available for use during those hours. The scheduled maintenance window may be changed by SLC at any time; any such change will be posted on the Fast ForWord Home website.
USER AND LEARNER CONDUCT
You agree on behalf of yourself and any learner for whom you activate a subscription to NOT use Fast ForWord Home to:
Harm minors in any way;
Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, an SLC or Fast ForWord Home staff member, or falsely state or otherwise misrepresent your affiliation with SLC, Fast ForWord Home or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Fast ForWord Home;
Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt Fast ForWord Home or servers or networks connected to Fast ForWord Home, or disobey any requirements, procedures, policies or regulations of networks connected to Fast ForWord Home;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission and any regulations having the force of law;
“Stalk” or otherwise harass another person or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group, or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
Use Fast ForWord Home as a forwarding service to another website;
Allow usage by others in such a way as to violate the Fast ForWord Home Terms of Service or engage in commercial activities within Fast ForWord Home or on behalf of Fast ForWord Home without prior approval;
Solicit passwords or personal identifying information for unintended, commercial, or unlawful purposes from other users.
Exceed the scope of the service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so.
Make excessive or otherwise harmful automated use of the system.
If SLC determines, in its sole and absolute discretion, that any user is in violation of the Terms of Service, we retain the right to terminate such user’s account at any time without prior notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF FAST FORWORD HOME IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SLC MAKES NO WARRANTY THAT (i) FAST FORWORD HOME WILL MEET YOUR REQUIREMENTS, (ii) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAST FORWORD HOME WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FAST FORWORD HOME IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FASTFORWORDHOME.COM OR THROUGH OR FROM FAST FORWORD HOME SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FAST FORWORD HOME OR ANY PART THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FAST FORWORD HOME; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FAST FORWORD HOME; OR (v) ANY OTHER MATTER RELATING TO FAST FORWORD HOME.
YOU HEREBY RELEASE AND FOREVER DISCHARGE SLC, ITS OFFICERS AND DIRECTORS, AND ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS “RELEASED PARTIES”, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR CHILD’S USE OF FAST FORWORD HOME. YOU UNDERSTAND THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES YOU OR YOUR CHILD MAY HAVE AS A RESULT OF HIS OR HER USE OF FAST FORWORD HOME REGARDLESS OF THE SPECIFIC CAUSE THEREOF.