Privacy Policy/Terms of Service

The following terms (“Terms of Use”) constitute an agreement between The Competent Classroom, LLC (“Company”) and you that governs your use of these Websites and all of its associated services, content and functionality. This policy applies to the Websites administered by Company (“Websites”), located at http://allisonzmuda.com and http://learningpersonalized.com.

Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Websites, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.

Purchase Policies
On the Websites, you may purchase services, including, but not limited to, consulting sessions (“Services”).

Refund Policy
No refunds are available on purchase of the Services.

PRIVACY POLICY

What Personal Information Does the Websites Collect and How Is This Personal Information Used?

The Websites may receive and store information that you voluntarily submit through the Websites for the purpose of subscribing to the Websites to receive newsletters, for the purpose of leaving comments on blog posts, to submit content for publication on Learning Personalized, and to contact Company.

The Websites may receive and store certain types of usage-related information when you interact with the Websites, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Websites use Google Analytics to track statistics regarding our audience and website traffic. No personally identifiable information is transferred from the Websites to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.

The Websites use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

The Company uses Stripe to service all ecommerce transactions. Personal information, such as
name, address, phone number, and email address, is collected for purposes of order fulfillment. All personal information transferred back to Company is used for order fulfillment and addressing any customer service inquiries.

From time to time, the Websites may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Websites. These companies use cookies to serve ads based on someone’s past visits to the Websites. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information
The Websites may provide personal information to an applicable third party in order to provide services. Currently, the Websites uses the services of MailChimp for delivery of email updates. MailChimp’s use of your personal information is subject to MailChimp’s privacy policy.

The Websites may collect some personal information through forms. All such information is voluntarily entered by the user. Currently, the Websites use the services of Wufoo for forms. Wufoo’s use of your personal information is subject to Wufoo’s privacy policy. All information entered into the forms is then transferred back to Company.

As discussed in the section above, the Websites use Stripe for its ecommerce platform. All personal information entered into Stripe will be subject to Stripe’s Privacy Policy.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Websites Share the Personal Information It Collects?
The Websites will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent.

Company may disclose or transfer personal information collected through the Websites to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, Company may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to info@learningpersonalized.com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

CHILDREN’S INFORMATION
The Websites do not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that Company has personally-identifiable information of a child under the age of 13 in its database, please contact us immediately info@learningpersonalized.com and Company will use its best efforts to promptly remove such information from our records.

AFFILIATE MARKETING
From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, Company will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

The Competent Classroom, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

DISCLAIMER
All content on the Websites is provided for informational purposes only.

Company has made every effort to ensure that all materials within the Websites have been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Websites. Company assumes no management responsibility for your decisions or for policies or practices that you implement.

The information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the information provided in the content.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Websites.

YOUR RESPONSIBILITY
The Websites was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Websites.

USE OF THE WEBSITES
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. You may download and print pages for your professional use, insofar as such usage is not commercial in nature. For example, a teacher may print materials for use with students or colleagues, but not may not sell the materials.

The following uses are not permitted:

  • Republication of content from the Websites for commercial purposes, unless content is specifically and expressly made available for republication for commercial purposes;
  • Sale, rental or sub-license of any content from the Websites;
  • Reproduction or duplication of any content on the Websites for commercial purposes;
  • Modification of any content on this Websites for commercial purposes, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Websites for commercial purposes, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights or the rights of anyone who has contributed content to the Websites. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Websites in a way that causes, or may cause, damage to the Websites, or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without Company’s express written permission.

You must not use the Websites to transmit or send any unsolicited commercial communications.

You must not use the Websites for any third-party marketing without Company’s express written permission.

COPYRIGHT
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company, Allison Zmuda, or Learning Personalized.

From time to time, the Websites will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITES
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Company’s servers; or, (iii) hosted or published on the Websites. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

COMMENT POLICY
The Websites offers the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or Company;
  • spam;
  • hate speech;
  • defamatory to Company or any third party;
  • reference illegal acts; or,
  • violate the legal rights of a third party.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS
From time to time, the Websites will publish curated posts with images from other properties. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to info@learningpersonalized.com and we will remove the image within 24 to 48 hours.

COMMUNICATION
If you send Company an email, register to use the Websites or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES
The Websites contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites that relates to your use of such websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party websites.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Websites or the information and materials provided therein.

Company makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Virginia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Virginia Beach County, Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by Company.

All notices with respect to the Terms of Use must be in writing and may be via email to info@learningpersonalized.com for Company and to your email address.