Terms and Conditions of Site Use

 

General

Thank you for visiting our Website. This agreement sets forth the terms and conditions that apply to your access to and use of our Website (the “Agreement”). By using our Website, you agree to comply with all of the terms and conditions hereof. Please see our Privacy Policy for terms applicable to our data collection and use practices.

We reserve the right to change the terms of this 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 Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Agreement so that you always will know what terms and conditions apply to your access to and use of this Website. Your continued use of our Website 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 Website or any portion thereof, at any time.

Ownership; License

Our Website and all content displayed on this site and all software, data and information used to provide this Website, 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 LENA. LENA, 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 Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website. Except as expressly authorized in this Agreement, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to LENA and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website 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. In addition to the foregoing limitations, you may not frame, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Website, 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, its affiliates, licensees or providers without their express written consent.

Product Information and Warranties

Through our Website we offer certain products for sale. Unless indicated otherwise, most products and services featured on the site are available directly from or through LENA. LENA 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 is constantly improving its information, products and services. Consequently, LENA 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 Website for product, warranty, purchase and other information related to your purchase of any product or service featured on the Website. Additionally, all warranty and other information regarding any products and services featured on the Website are available at no cost to you by e-mailing info@lena.org or writing LENA, 5525 Central Avenue, Suite 100, Boulder, CO 80301-2820.

Acceptance of Orders

LENA 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 LENA ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT, UNLESS OTHERWISE AGREED TO IN WRITING, THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.

Links

This Website may provide links or references to third party sites that LENA does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. LENA 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 Website, and such links do not imply endorsement of such other third party sites or the content contained therein by LENA. LENA disclaims all liability with regard to your access to such linked website, and access to any other Internet websites linked to this Website is at your own risk. You should consult the terms of use and privacy policy of any other Internet website. You release and discharge LENA, 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 Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Age

This Website does not sell products or services to children, but it sells them to adults who can purchase with a credit card.

Indemnification

You agree to indemnify, defend, and hold harmless LENA, 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 Website.

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 Website, including information, goods and services referred to, advertised or promoted on or sold though the Website. This Website and all information, products or services available through this Website 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, its affiliates, licensees, providers nor any of their respective employees or agents warrants that this Website will be uninterrupted or error free; that any defects will be corrected, that this Website or the server that makes the Website 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 Website, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Website. LENA 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 Website or any related publication.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER LENA, 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. LENA, 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, 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LENA 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 WEBSITE.

You agree that the entire liability of LENA, its affiliates, licensees or providers, if any, arising out of any kind of legal claim related to this Website will not exceed the amount you paid, if any, for the use of this Website 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 Website for informational purposes only. You may only use the material and the services available through this Website for your personal and non-commercial use. Before you act on any information you have 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 WEBSITE, 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 WEBSITE.

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 Website is governed by LENA’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 Agreement by this reference.

Copyright

LENA 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 Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LENA’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’s at: info@lena.org or LENA, 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 Website, 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 Website, 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 Website or any service offered on or through the Website, 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 Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of LENA, its employees, users of or visitors to the Website, and the public.

Without limiting any other portion of this Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of this Agreement 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 may have at law or in equity.

Miscellaneous

This Agreement is governed by the laws of Colorado, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, U.S.A., in all disputes arising out of or relating to the use of this Website. Use of this Website 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 as a result of this agreement or use of this Website.

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 Website 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 Website will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, which includes any discontinuance or material modification of the Website or any service offered on or through the Site, or due to any unexpected technical issues or problems. You agree that LENA 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 this Agreement.

‘LENA®’, ‘The LENA System™’, ‘LENA Start®’, ‘LENA Home™’, ‘LENA Grow™’, ‘LENA SP™’, ‘LENA Online™’, ‘Smarter Happier Baby™’, ‘Every Word Counts™’, and ‘The Power of Talk™’ are trademarks of LENA. All rights reserved.

Questions

If you have further questions that were not addressed in the above policy, please contact us at info@lena.org or LENA, 5525 Central Avenue, Suite 100, Boulder, CO 80301.

Updated: May 17, 2018.