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The Terms of & Conditions of Service ("Terms") govern your access to, and the use of the services on the Early Learning Florida ("ELFL") website and applications (web, mobile or others) (the "Services"), and any information, data, text, graphics, music, sound, photographs, videos, messages, tags or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
We reserve the right to change or modify these Terms or any policy or guideline of the Services, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our site and applications, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
The Content appearing on ELFL website or application could include technical, typographical, or photographic errors. ELFL does not warrant that any of the Content on its website or application is accurate, complete, or current. ELFL may make changes to the Content contained on its website or application at any time without notice. ELFL does not, however, make any commitment to update the Content. Your use of the Content will be at your sole risk and responsibility.
Unless otherwise indicated through our Services, site & application, all the Content on our site & application, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by copyright laws.
You are granted a limited, non-sub-licensable license to access and use the Services for your information, purely for non-commercial and personal use only. This is the grant of a license, not a transfer of title in any manner whatsoever, and under this license you are not entitled to:
Any use of our site or the Site Materials other than as specifically authorized in these site Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Site Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time at our sole discretion. Any misuse of our site or Site Materials, in breach of the terms hereof, will entitle us not only to terminate the license with immediate effect but also to sue you for recovery of loss and damage caused thereby, apart from indemnification as contained herein below.
You unequivocally agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to:
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services provided to you is on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ELFL and its partners disclaim any warranties, expressed or implied, of merchantability, fitness for any purposes, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. ELFL will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that ELFL has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ELFL or through the Services, will create any warranty not expressly made herein.
You acknowledge and agree that in no event shall ELFL be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, data, usability, good-will, or other intangible losses resulting from:
ELFL has not reviewed all of the sites linked to its Internet web site or Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement at any level by ELFL. Use of any such linked website or applications is at the user's own risk. We encourage you to read and be aware of the Terms of Service for such linked websites or applications which govern your access to, and the use of the websites or applications.
These Terms and any action related thereto will be governed by the laws of the United States of America without regard to or application of its conflict of law provisions or your state or country of residence and the Courts of Dallas, Texas shall have the sole and exclusive jurisdiction over all and any matter arising out of these Terms and any action related thereto. By accepting the Service you unequivocally agree and submit to the aforesaid jurisdiction to the exclusion of all other territorial jurisdictions. ELFL will not be responsible for any costs borne by the plaintiff, for services including legal, paralegal, interest, or otherwise.
You understand that all the Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ELFL, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the ELFL Services. ELFL does not control all of the Content posted via the ELFL Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ELFL Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ELFL be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ELFL Services.
You agree to not use the ELFL Services to:
If you have any questions or comments regarding our policies and Terms please send an email to email@example.com with the email subject as Terms & Conditions.
Last updated June 01, 2018
Information LoudCloud Collects About You
LoudCloud's Use of Your Personal Information
LoudCloud may collect information, including personal information, directly from you when you visit the Sites. For example, we collect information from you when you create a user account, make purchases, subscribe to receive emails or notifications, or otherwise communicate with us through the Sites. "Personal Information" is information that identifies you specifically, and the types of Personal Information we collect may include your name, billing address, zip code, email address and phone number.
Information Collected Automatically
Certain information about you may be collected automatically when you access or use the Sites. This information may include IP address, browser and device type, operating system characteristics, information about your use of the Sites, data regarding your geographic location, and data regarding network-connected hardware (such as device or session ID, functionality, performance data). This information also may include clickstream data, which illustrates the page-by-page path(s) you take as you browse the Sites.
Cookies and Tracking GIFs.We may use "cookies" to collect information about you when you visit the Sites. Cookies are small text files placed on visitors' computers/devices to store information about their activities
on the Sites, such as their user preferences.
Most web browsers are set to automatically accept cookies, but many provide options to allow you to stop accepting new cookies or to disable existing cookies. Please be aware that if you disable the cookies on your computer you may not be able to use certain features of the Sites, and disabling cookies may invalidate opt-outs that rely on cookies to function.
It is possible that third parties may collect information about your online activities over time and across different websites and devices when you use the Sites. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. Like many websites, the Sites currently are not designed to respond to "Do Not Track" signals from visitors' browsers. To learn more about "Do Not Track" you may wish to visit this site.
LoudCloud's Use of Your Personal Information
We may use information we obtain about you for various purposes, including to:
In addition, we and/or our third-party service providers may combine information we obtain about you through your use of the Sites so that LoudCloud can more effectively deliver content.
How We May Share Your Information
We may share your Personal Information with our affiliates (such as parent companies, subsidiaries, or other companies within our corporate family), and with our independent contractor agents, vendors, consultants, and other service providers to carry out work on our behalf related to the learning management and analytics services that we provide, or to assist us in providing learning management and analytics services or information to you. We may also share your Personal Information with the college and universities to which we provide learning management and analytics services.
We also may share information about you for the following purposes:
Some of the Sites may, from time to time, feature chat rooms, message boards, news groups, and/or other public forums available to users. Any information that is disclosed in these areas may be visible to the public. You should exercise caution accordingly, and avoid disclosing Personal Information or other details that you do not want made public.
The Sites are not intended for children, and are not targeted to children under the age of sixteen (16). We do not knowingly collect Personal Information from children under the age of 16 and if we learn that we have received information from a user under the age of 16, we will delete this information in accordance with applicable law.
LoudCloud takes information security seriously and has taken reasonable measures to protect the Personal Information it collects by establishing appropriate administrative, technical, and physical safeguards to protect and prevent unauthorized access or other unintended disclosures.
Please be aware that submitting information over the Internet is inherently insecure and, accordingly, despite its reasonable efforts, LoudCloud cannot guarantee that unauthorized access or disclosure will never occur.
Links to Other Websites
The Sites may contain hyperlinks to other websites for your convenience and information. Those websites may be operated by entities not affiliated with LoudCloud, and may have their own privacy policies or notices, which we strongly suggest you review. LoudCloud is not responsible for the content or use of any linked websites that are not affiliated with LoudCloud.
Information for Users Outside the United States
LoudCloud recognizes that the European Economic Area (EEA) has established strict protections regarding the handling of EEA personal data ("EEA Personal Data"), including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about consumers received in the US, LoudCloud has elected to self-certify to the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks administered by the US Department of Commerce ("Privacy Shield"). LoudCloud adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability with respect to EEA Personal Data that is transferred into the US pursuant to the Privacy Shield. For purposes of enforcing compliance with the Privacy Shield, LoudCloud is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review LoudCloud's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
Personal Data Collection and Use
Data Transfers to Third Parties
Third-Party Data Controllers
Disclosures for National Security or Law Enforcement.
Under certain circumstances, we may be required to disclose your EEA Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
LoudCloud maintains reasonable and appropriate security measures to protect EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
Questions or Complaints
In compliance with the Privacy Shield Principles, LoudCloud commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact LoudCloud at the email address found under the, "Contact Us," section at the end of this policy.
LoudCloud has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
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