Terms and Conditions of Site Use

General

Thank you for visiting our Web Site. This Agreement (the “Terms of Use” or “Usage Agreement”) sets forth the terms and conditions that apply to your access to and use of our Web Site. By using our Web Site, you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices. If you are an owner of the LENA™ System, please see our Data Contribution Policy for additional information related to your submission of data to the LENA Research Foundation and use of the LENA™ Comparative Reports.

We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web Site that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Usage Agreement so that you always will know what terms and conditions apply to your access to and use of this Web Site. Your continued use of our Web Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. We may change, restrict access to, suspend, or discontinue this Web Site or any portion thereof, at any time.

Ownership; License

Our Web Site and all content displayed on this site and all software, data and information used to provide this Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by the LENA Research Foundation. The LENA Research Foundation, its affiliates, licensees or providers, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Web Site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Web Site. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Web Site or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to LENA Research Foundation™ and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web Site as authorized hereunder.

Certain Restrictions

Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without express written permission of LENA Research Foundation. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Web Site, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of LENA Research Foundation, its affiliates, licensees or providers without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Web Site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose.

Product Information and Warranties

Through our Web Site we offer certain products for sale. Unless indicated otherwise, most products and services featured on the site are available directly from or through the LENA Research Foundation. The LENA Research Foundation has made a conscientious effort to display and describe its products and services on the site accurately so that you can get an idea of their design and use, and of the services offered. Furthermore, LENA Research Foundation is constantly improving its information, products and services. Consequently, LENA Research Foundation cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services.

Please read the documentation or purchase agreements accompanying your purchase of any product on this Web Site for product, warranty, purchase and other information related to your purchase of any product or service featured on the LENA Research Foundation Web Site. Additionally, all warranty and other information regarding any products and services featured on the LENA Research Foundation site are available at no cost to you by e-mailing info@lenababy.com or writing LENA Research Foundation, 5525 Central Avenue, Suite 100, Boulder, CO 80301-2820.

Acceptance of Orders

THE LENA RESEARCH FOUNDATION RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.

Risk of Loss

ALL ITEMS PURCHASED FROM THE LENA RESEARCH FOUNDATION ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.

Links

This Web Site may provide links or references to third party sites that LENA Research Foundation does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. The LENA Research Foundation has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Web Site, and such links do not imply endorsement of such other third party sites or the content contained therein by LENA Research Foundation. The LENA Research Foundation disclaims all liability with regard to your access to such linked web site, and access to any other Internet web sites linked to this Web Site is at your own risk. You should consult the terms of use and privacy policy of any other Internet web site. You release and discharge the LENA Research Foundation, its affiliates, licensees and providers from any and all liability arising from your purchase or use of products or services by or through such third party sites.

Your Account

If you have the LENA™ System, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user or of or visitor to our Web Site due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

This Web Site does not sell products or services to children, but it sells them to adults who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless the LENA Research Foundation, its officers, directors, employees, agents, licensees and providers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this Web Site.

Disclaimer of Warranties; Limitation of Liability

You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Web Site, including information, goods and services referred to, advertised or promoted on or sold though the Web Site. This Web Site and all information, products or services available through this Web Site are provided by us on an “as is” basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither LENA Research Foundation, its affiliates, licensees, providers nor any of their respective employees or agents warrants that this Web Site will be uninterrupted or error free; that any defects will be corrected, that this Web Site or the server that makes the Web Site available are free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from use of this Web Site, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Web Site. The LENA Research Foundation is not responsible for, and does not guarantee the performance of, any such goods or services, nor the accuracy or validity of the information provided and expressly disclaims any and all liability relating to the manufacture, sale or use of products and services discussed or illustrated in this Web Site or any related publication.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER LENA RESEARCH FOUNDATION, ITS AFFILIATES, LICENSEES NOR PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. THE LENA RESEARCH FOUNDATION, ITS AFFILIATES, LICENSEES AND PROVIDERS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OF OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL LENA RESEARCH FOUNDATION, ITS AFFILIATES, LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, INCLUDING ANY ACTION BASED ON THEORIES OF NEGLIGENCE OR STRICT LIABILITY, EVEN IF LENA RESEARCH FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LENA RESEARCH FOUNDATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEB SITE.

You agree that the entire liability of the LENA Research Foundation, its affiliates, licensees or providers, if any, arising out of any kind of legal claim related to this Web Site will not exceed the amount you paid, if any, for the use of this Web Site or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Use at Your Own Risk

We provide the material available through this Web Site for informational purposes only. You may only use the material and the services available through this Web Site for your personal and non-commercial use. Before you act on any information you’ve found on our site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.

Materials Submitted by Other Users

We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.

Data Security

We have put in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use

Any personally identifiable information provided by you in electronic communications to the Web Site is governed by this Web Site’s Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this usage agreement by this reference.

Use of Communications Services

We may provide a variety of services on this Web Site through which you can directly interact with others, such as blogging services, chat rooms, communications tools, forums, and other public posting areas (“Communications Services”), but we assume no responsibility for the views and opinions expressed. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Web Site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web Site, our customers, the public or LENA Research Foundation, and its employees, agents, partners, licensees, providers and affiliates. We reserve the right (but assume no obligation) to review the content of this Web Site, including blogs, message boards, chat rooms, listings, forums, and other information posted to the Web Site to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Web Site, you agree not to post, submit or transmit through this Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web Site or otherwise to the owners of this Web Site shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Web Site and agree that you will indemnify and hold LENA Research Foundation harmless from and against any claims, damages or losses related to such content or other materials.

We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Web Site, whether by submission to a public area of the Web Site (e.g., blogs or message boards) or by other communication to us through email of other means of electronic communication facilitated by the Web Site. By submitting communications, materials or Ideas to any public area of this Web Site, you grant LENA Research Foundation, its affiliates and licensees a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter discovered on a worldwide basis. You also permit any other user of this Web Site to access, view, store or reproduce the material or Ideas for that user’s personal use. Such purposes may include disclosure to third parties and/or developing, manufacturing, commercializing and/or marketing goods or services based on such Ideas or materials. By posting or disclosing such information, you hereby waive any claim that LENA Research Foundation misappropriated any such Ideas, materials or any portions of your communication in any activities in which LENA Research Foundation may engage in the future.

Copyright

The LENA Research Foundation respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Web Site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LENA Research Foundation’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
  • A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please contact LENA Research Foundation’s Copyright Agent/Corporate Counsel at: info@lenababy.com or LENA Research Foundation, 5525 Central Avenue, Suite 100, Boulder, CO 80301-2820

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any transmittal or communication by you with us through the Web Site or any service offered on or through the Web Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the LENA Research Foundation, its employees, users of or visitors to the Web Site, and the public.

Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LENA Research Foundation may have at law or in equity.

Miscellaneous

Use of this Web Site by you for spamming or any purpose other than the purpose for which the data was provided by the sender is strictly prohibited. Without limiting the generality of the foregoing, by listing any item for sale on this Web Site, as applicable, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this Web Site, you agree not to use information concerning other users of this Web Site, or any items such users have listed or searched for on this Web Site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.

This Terms of Use is governed by the laws of Colorado, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Boulder, Colorado, U.S.A., in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LENA Research Foundation as a result of this agreement or use of this Web Site.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Web Site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web Site will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web Site, which includes any discontinuance or material modification of the Web Site or any service offered on or through the Site, or due to any unexpected technical issues or problems. You agree that LENA Research Foundation will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

'LENA™', 'The LENA™ System', 'Every Word Counts™', 'The Power of Talk™' and 'LENA Research Foundation™' are trademarks of LENA Research Foundation. All rights reserved.

Questions

If you have further questions that were not addressed in the above policy, please contact us.

 

Company Information

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