Terms of Use

Last Modified: 3/20/2017

These terms of use are entered into by and between you and the DALE Foundation (the “DALE Foundation”, “we,” “us” or “our”) and, together with the DALE Foundation Privacy Policy (the “Privacy Policy”) (collectively, these “Terms of Use”), govern your access to and use of dalefoundation.org, including any content, functionality and services offered on or through dalefoundation.org (the “Website”) and your use of products you purchase or obtain access to through the Website, such as review courses, practice tests and study aids (“Products”). If you do not agree to these Terms of Use, you may not use the Website, Products or any Content (defined below). Your use of the Website constitutes your acknowledgment that you have the legal authority to bind yourself to these Terms of Use. You acknowledge and agree that you have read and are hereby bound by these Terms of Use and agree to comply with all applicable laws, regulations and/or rules with regard to your use of the Website and Content.

Additional Terms for Products

Your use of Products is also subject to the specific DALE Foundation Agreement that governs each Product (each such agreement, a “Product Agreement”). The applicable Product Agreement is available at checkout and at each Product’s launch. If there is a conflict between these Terms of Use and the applicable Product Agreement, the terms of the Product Agreement supersede these Terms of Use.

No Reliance on Content

“Content” means all text, information, graphics, data, software, animation, applications, videos, music, photos, trademarks, links to third party sites and other materials and information presented on the Website, made available through the Website or included in a Product.

THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DALE FOUNDATION DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT. CONTENT MAY BE OUT OF DATE AT ANY GIVEN TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. THE CONTENT IS NOT INTENDED AS, AND SHOULD NOT BE CONSTRUED AS, LEGAL ADVICE. ADHERENCE TO ANY INFORMATION OR SUGGESTIONS CONTAINED IN THE CONTENT IS AT YOUR OWN RISK AND DOES NOT ENSURE COMPLIANCE WITH ANY FEDERAL OR STATE LAWS, RULES OR REQUIREMENTS THAT MAY APPLY TO YOU. WE RECOMMEND YOU SEEK THE ADVICE OF LEGAL COUNSEL REGARDING SUCH LAWS, RULES AND REQUIREMENTS.

Changes to the Website, Content and Terms of Use

We may make changes to the Content and the Website (including adding or removing Content) or to these Terms of Use from time to time in our sole discretion without notice to you. All changes to the Terms of Use are effective immediately when we post them and apply to your access to and use of the Website and Content thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any such changes.

Accessing the Website and Account Security

You acknowledge and agree that we may restrict, suspend or terminate access to the Website or portions thereof at any time in our sole discretion. We will not be liable if, for any reason, all or any part of the Content or Website is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access the Website or any Product or Content through your internet connection are aware of and comply with these Terms of Use and the applicable Product Agreements.

To access the Website or some of the resources it offers, including Products, you may be asked to register and create an account. You must provide accurate and complete information when registering and keep that information current. From time to time, we may require you to renew your registration or request additional information from you. You agree that all information you provide to this Website, including through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not (i) allow others to access or use your account; (ii) attempt to circumvent our security mechanisms; or (iii) create an account by automated or illegal means. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for all activities that occur through your account, regardless of whether you engaged in those activities. We are not liable for any loss or damages of any kind, and you may be held liable for any losses incurred by us or another party, due to someone else using your account, whether with or without your knowledge.

Links to Third Party Websites and Third Party Content

The Website or Products may contain third party content and links to websites operated by third parties. Such third party content and links are included solely for our users’ convenience and do not constitute our approval, endorsement or warranty of any third party website or content. When you click on a third party link on the Website or in a Product, you will leave the Website. We are not responsible for the accuracy, completeness or reliability of the information, products or services offered or sold through any linked websites. You use them at your own risk. Any personal information you submit on them will not be collected or controlled by us but instead will be subject to the privacy notice and terms of use of that website. We recommend you review that website’s privacy policy and terms of use before using it.

Intellectual Property Rights

The DALE Foundation and its affiliates and licensors own and retain all right, title and interest, including all intellectual property rights, in the Website, Products and Content. Except as expressly set forth in these Terms of Use or an applicable Product Agreement, all rights relating to the Website, Products and Content are expressly reserved by the DALE Foundation, its affiliates and licensors.

So long as you comply with these Terms of Use, we grant you a limited, nonassignable, nonexclusive, revocable license, without right of sublicense, to access and use the Website solely for your personal, non-commercial use and to make a limited number of copies of the Content contained on the Website for your personal, non-commercial use. You may not, and will not permit or authorize any person, directly or indirectly, to:

i. license, lease, republish, distribute, copy, transfer, sell, or use the Website, Products or Content other than as expressly permitted by these Terms of Use or the applicable Product Agreement;

ii. modify any Content or use any illustrations, photographs, video or audio sequences or graphics separately from the accompanying text;

iii. delete or alter any copyright, trademark or other proprietary rights notices from the Products or copies of the Content;

iv. create derivative works from, reverse engineer, disassemble, reconstruct, or decompile the Website, any Product or any software contained in or made available through them;

v. gain unauthorized access to the Website, Products or our systems;

vi. damage, disrupt, or impede the operation of the Website or our systems;

vii. engage in fraudulent or illegal conduct with respect to the Website, Products or Content;

viii. interfere with any other person’s use of the Website;

ix. use any robot, spider or search/retrieval application to access the Website or retrieve or index any Content;

x. transmit any viruses, worms, Trojan horses or other programming of a destructive nature;

xi. store or archive Content to your own or a third party’s computer systems or storage devices or reproduce or incorporate any Content into any information retrieval system; or

xii. create a web page or computer application of any kind that deep links to or frames the Website or any portion thereof.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website or delivered to you, including Products, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, PRODUCTS OR CONTENT.

YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DALE FOUNDATION, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT THE DALE FOUNDATION, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT AND DO NOT WARRANT THAT THE WEBSITE OR ANY PRODUCT OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE WEBSITE OR ANY PRODUCT OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR ANY PRODUCT OR CONTENT WILL BE CORRECTED. IN NO EVENT WILL THE DALE FOUNDATION, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DECISION MADE IN RELIANCE ON ANY CONTENT.

Indemnity

You hereby defend, indemnify and hold harmless the DALE Foundation, its affiliates and licensors and their respective officers, directors, employees and agents from and against any and all claims, liabilities, judgments, awards, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or any applicable Product Agreement or your use of the Website or any Product or Content.

Limitation of Liability

IN NO EVENT WILL THE DALE FOUNDATION, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR OTHER DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCT OR CONTENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS), EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH EVENT, THE DALE FOUNDATION’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANY OTHER PARTIES WILL BE THE MINIMUM AMOUNT PERMITTED BY LAW.

Term and Termination

These Terms of Use and your right to use the Website, Products and Content will terminate automatically if you breach these Terms of Use. Upon termination of these Terms of Use, you will cease all use of the Website, Products and Content and destroy all copies thereof.

Governing Law

You agree that (i) the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to these Terms of Use and your use of the Website, Products and Content and (ii) any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Cook County, IL. You hereby consent and submit to personal jurisdiction of such courts and to extra-territorial service of process. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or any Product or Content or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or connected with your use of the Website or any Product or Content or these Terms of Use will be resolved individually, without resort to any form of class action.

Miscellaneous

If you are a copyright owner or agent thereof and believe that content posted on this Website infringes upon your copyright, please submit notice to our Copyright Agent at email@dalefoundation.org with the following information:

a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

b) Identification of or a representative list of the work you believe has been infringed;

c) Identification of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled;

d) The URL of the location on the Sites containing the material that you claim is infringing;

e) Your address, telephone number, and email address;

f) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

g) A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You are solely responsible for the content you post on any interactive features within the Website. You may not post any material that is illegal, threatening or violates the proprietary, privacy or other rights of any third parties. We reserve the right, but are not required, to monitor any content posted to our site, and may, at our sole discretion and without any notice, delete any content and/or revoke your right to post or access the site in the future. The DALE Foundation is not responsible for any third party content posted or linked to on this site, including but not exclusive to any postings by site users.

These Terms of Use, the Privacy Policy and the applicable Product Agreements, if any, constitute the entire agreement between you and us pertaining to your use of the Website, the applicable Products and the Content. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal and enforceable provision that comes closest to your and our intent underlying the invalid, illegal or unenforceable provision. Our failure or delay to exercise or enforce any right or provision of these Terms of Use or rights under applicable law will not constitute a waiver of such right or provision. The terms, conditions and warranties contained in these Terms of Use that by their nature and context are intended to survive termination will so survive. These Terms of Use are provided in English and the English version thereof will be valid, enforceable and binding.