Terms & Conditions
Effective: 09/01/07
Welcome to Hands 4 Learning, LLC. If you use this web site, you accept these terms and conditions of use. Please read them carefully.

This Website, including all of its features and content (the "Website") is a service made available by Hands 4 Learning, LLC. ("H4L") and all information, services, resources, products and software created, ordered or provided on or through this Website ("Materials") may be used solely under the following terms and conditions ("Terms of Use").
  1. LIMITED LICENSE & SUBSCRIPTION TO USE WEBSITE: H4L is pleased to grant you, as a user of this Website, a nonexclusive, nontransferable, revocable, limited license & subscription to access and use this Website and the Materials in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. H4L may terminate this license & subscription at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you.
  2. LIMITATIONS ON USE: The Materials on this Website are only for your personal, educational or instructional use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell or sublicense works from this Website or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Website or the Materials without H4L's prior written permission; please notify us at subscriberservices@hands4learning.comand we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms H4L, our employees, directors or other representatives, our participating rightsholders or users, or any other third party. You may not use the Website as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Website or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or the Materials is prohibited.
  3. NOT LEGAL ADVICE: H4L is neither a lawyer nor a law firm. The Materials are not intended to and do not constitute legal advice; and no attorney-client relationship is formed between you and H4L or any H4L employee or representative. Nothing submitted to this Website is treated as confidential except as provided in the terms and conditions of applicable licensing services or in H4L's. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Materials. Your use of the Materials on this Website or of any materials linked to from this Website is at your own risk.
  4. INTELLECTUAL PROPERTY RIGHTS: Nothing in these Terms of Use or in the terms and conditions relating to any applicable H4L licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Website are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to H4L or its licensors.
  5. LINKING TO THIS WEB SITE: You are welcome to provide links to the pages of this Website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Website, and (b) you discontinue providing links to this Website if requested by H4L.
  6. LICENSE OF YOUR OWN MATERIALS TO H4L FOR USE ON THIS WEB SITE: By uploading content to or submitting any materials for use on this Website (other than for licensing through an applicable H4L licensing service, which arrangement must be made by separate agreement), you do not convey any ownership in those materials to H4L but you grant (and promise that you are entitled to grant) to H4L a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that H4L and its sub-licensees use such materials in a manner consistent with H4L's general business. You agree that you shall have no recourse against H4L for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us or the materials you upload or submit.
  7. NO SOLICITATION: You agree that you will not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of H4L. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate (a) you may list your name, address and email address, and your own Website's URL, and (b) you may recommend third party Websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.
  8. REGISTRATION: Certain sections of this Website require you to register. If registration is requested, you agree to provide H4L with accurate and complete registration information. It is your responsibility to inform H4L of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular H4L licensing service/subscription authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify H4L immediately at subscriberservices@hand4learning.com.
  9. POSTINGS IN INTERACTIVE AREAS OF THE WEBSITE: a. Postings to be Lawful. If you participate in interactive areas on this Website, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. H4L may delete your Posting at any time for any reason without permission from you. b. Postings to be in Your Name. You must sign your Postings with your real name; anonymous Postings will be removed by H4L and will not be edited or modified. In your postings, you agree not to misrepresent your identity or your affiliation with any person or entity. c. No Monitoring of Postings. H4L has no obligation to, nor does it intend to, edit, monitor or screen Postings, and H4L is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, H4L reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use. d. Non-Commercial Use Only of Interactive Areas. Any interactive area of this Website is provided solely for your personal, educational or instructional use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of H4L. Any unauthorized use of any interactive area of this Website, the Materials or any Postings is expressly prohibited.
  10. ERRORS AND CORRECTIONS: H4L does not promise that this Website or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. H4L does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. H4L may make improvements and/or changes to its features, functionality or Materials at any time.
  11. THIRD PARTY CONTENT: Third party content may appear on this Website or may be accessible by way of links from this Website. H4L is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content appearing on this Website or accessible through it. You understand that the information and opinions in the third party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, H4L or any of its employees, directors or other representatives.
  12. ATTORNEY ETHICS NOTICE: If you are an attorney participating in any aspect of this Website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. H4L disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any chat area on this Website, including but not limited to the message boards, you will not offer legal advice, but will only provide general information.
  13. DISCLAIMER: THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS. H4L EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. H4L DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (b) ANY THIRD PARTY WEB SITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (c) THE UNAVAILABILITY OF THIS WEBSITE, THE MATERIALS, OR ANY PORTION THEREOF, (d) YOUR USE OF THIS WEBSITE OR THE MATERIALS, OR (e) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE MATERIALS. You may have additional consumer rights under your local laws, which these Terms of Use do not change.
  14. LIMITATION OF LIABILITY: H4L IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE MATERIALS, THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. H4L IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (b) ANY MATERIALS ON THIRD PARTY WEBSITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (d) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (e) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH H4L OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER H4L KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, H4L'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms of Use may not be brought more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.
  15. INDEMNIFICATION: You hereby indemnify and agree to defend and hold harmless H4L, its officers, directors, employees, agents, licensors and suppliers, its participating copyright rights-holders and users, and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any other applicable H4L terms and conditions, by you.
  16. THIRD PARTY RIGHTS: The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 15 (Indemnification) are for the benefit of H4L and of each of the other persons listed in paragraph 15. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.
  17. UNLAWFUL ACTIVITY: H4L reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
  18. REMEDIES FOR VIOLATIONS: H4L reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Website and any other H4L Websites and their features.
  19. GOVERNING LAW AND JURISDICTION: By visiting Hands4Learning.com, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and H4L. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in Fresno County, California, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
  20. ADDITIONAL TERMS: a. Privacy Policy. Your use of this Website is subject to H4L's privacy policy. b. Terms of H4L's Licensing and Other Services. Your use of any H4L licensing/subscription or other service is also governed by the terms and conditions that apply to that service (including any applicable special rights-holder terms and conditions, the prices for intellectual property licenses obtained by you, and any applicable billing and payment terms). Each set of terms and conditions is available to you in the course of conducting any transactions under that licensing service (and afterwards as part of the record of those transactions), and all of those terms and conditions are incorporated into these Terms of Use by this reference.
  21. SEVERABILITY OF PROVISIONS: These Terms of Use incorporate by reference any notices contained on this Website, H4L's Privacy Policy and the terms and conditions applicable to each of H4L's licensing/subscription or other services. Altogether they constitute the entire agreement between you and H4L with respect to access to and use of this Website and the Materials. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific H4L licensing/subscription or other service terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter's validity or enforceability.
  22. MODIFICATIONS TO TERMS OF USE: H4L may make changes to these Terms of Use at any time. When we make any material change to these terms and conditions, we will inform you by posting a notice on the community of www.hands4learning.com for 30 days that the terms and conditions have been updated and by changing the "effective date" on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this Website and are effective immediately. Please review these Terms of Use regularly. Continued use of this Website after any such changes constitutes your consent to such changes.
Privacy Policy
This privacy policy was last updated on September 1, 2007.
By using the www.hands4learning.com Website or any other Hands 4 Learning (H4L) Web-based service, you agree to the terms of the H4L Online Privacy Policy, as outlined below.
Collection of Personal Information
  • You may access and read most material on H4L's Websites without giving us any information that identifies you. However, when you engage in certain activities on these Websites, such as seeking and receiving permissions, authorizations or licenses to use the copyrighted works of the copyright rightsholders we represent, we may ask you to provide certain information about yourself and/or your organization by filling out and submitting an online form. It is completely optional for you to fill out the form and/or engage in these activities. Should you choose not to do so, however, it may not be possible for H4L to provide the permission, authorization or license that you are seeking.
  • Should you choose to take advantage of our services, we may require that you provide us with personal information, such as your name, organization name, mailing address, e-mail address and other identifying information. Should you choose to pay with a credit card, you may be asked to provide a card number, expiration date and the name and address of the cardholder. For more information about data security, please see the Security section of this Privacy Policy.
  • H4L collects all of this information in order to record and support your licensing/membership and other activities. For example, we may use the information you provide to verify the details of a license issued to you or to keep you informed about our products and services. We may supplement the information you provide with commercially available demographic and address information in order to enhance our ability to serve you.
Use of Personal Information
  • H4L shares the information that you provide to us in accordance with our obligations to copyright rightsholders to identify uses of their copyrighted materials. These obligations vary from H4L program to program. Details about such obligations under any particular H4L program are available upon request. H4L does NOT, however, share information with copyright rightsholders (i) about credit card details, or (ii) about the use of OTHER copyright rightsholders' copyrighted materials.
  • If you have identified yourself, or are identified by your employer to H4L as being associated with an H4L-participating organization, you may receive promotional communications from H4L either directly from us or through your participating organization. Further, when you use your organization's credit card or H4L billing account to transact business with us, the organization will receive information about the materials you have used and reported to H4L. Similarly, in circumstances where multiple individuals associated with the same organization share a single H4L account or a single user name and password, each individual may have access to information provided by the other individuals on the same account.
  • Please note that we may use outside shipping and printing companies to fulfill orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use the personally identifiable information that they receive from H4L for any other purposes.
  • We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.
  • H4L recognizes and appreciates the importance of the responsible use of your personal information. Except as disclosed above or in published lists of consenting customers, we do not release or sell lists of our customer names to outside organizations. Further, your personal information is password-protected to prevent unauthorized access to it. Finally, when you submit personal information to H4L, you understand and agree that H4L and its subsidiaries, affiliates and trusted vendors may transfer, store and process your customer profile in any country in which we do business, including but not limited to the United States.
  • Please be advised that H4L is not responsible for the content or privacy practices of any other Websites to which hands4learning?com or any other H4L Website may link.
Use of Cookies and Other Technologies
  • When you visit hands4learning?com or any other H4L Website, you can surf the site without revealing your identity. In order to improve our sites and our services, we use "cookies" to track your visit. A cookie is a small string of data that is transferred to your browser from a Website and can only be read by the Website that gave it to you. If you have identified yourself to the Website, the cookie acts as an identification card, recording your passwords and preferences, and possibly your license status. The cookie cannot be executed as software code or used to deliver viruses.
  • Most browsers are initially set to accept cookies. You can set your browser to refuse cookies or to notify you when you receive a cookie, giving you the option to accept it or not. H4L's Web-based offerings include a few Web pages that are inaccessible without a cookie. These pages are associated with an automated log-in feature that allows you to access your account information while bypassing the need to provide your identity and password each time. You are not required to use the automated log-in feature. Choosing not to use it will not affect your ability to use any other part of our Web-based offerings or to use H4L's general services. In the event that H4L decides to create other Web-based offerings that are inaccessible without a cookie (which H4L reserves the right to do), you will be given the option to accept the cookie necessary for such access.
  • As with most Websites, H4L also gathers certain information automatically and stores it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, a date/time stamp and clickstream data. We use this information, which does not include personally identifiable information, to analyze trends, administer the site track users' movements around the site and gather demographic information about our user base as a whole.
  • We also employ a software technology called pixel tags (also known as Web beacons) that help us better manage content on our Website and in other electronic communications by indicating what content is most effective. Pixel tags are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer's hard drive, pixel tags are embedded invisibly in Web pages and in other electronic communications.
  • When you accept our cookies, we use them to track your visit to any H4L Web offering. In addition, we use log files and clear gifs to help manage our Website and other electronic communications. However, none of this information, other than the automated log-in feature, identifies you personally or is tied to any of your personally identifiable information. You remain anonymous unless you have otherwise provided H4L with personal information.
Tell A Friend
  • If you choose to use our referral service to tell a friend about our site or share our communications, such as an e-newsletter, we will ask you for your friend's name and e-mail address. We will automatically forward the content to your friend in a one-time e-mail. H4L maintains statistical data tracking the success of our referral program, but we do not store your tell-a-friend information after sending the one-time e-mail. We will store information provided by your friend should s/he choose to receive information from us.
  • Changing Our Records of Your Personal Information
  • You have the right to correct your personal information. This may be accomplished either directly on our Website on those screens that allow you to edit your personal information; by writing to H4L at: Hands 4 Learning, Member Services, 1716 West Ellery Way, Fresno, California 93711, USA; or by e-mailing us at memberservies?hands4learning?com. When you contact us please include your name, address and/or e-mail address, account number (if known) and a detailed explanation of your request.
Opting Out of Receiving Information from H4L
  • Hands 4 Learning follows industry standard safe unsubscribe practices. You have the right to opt out of receiving marketing communications and newsletters from H4L by following the "unsubscribe" instructions that come with each message from us. In addition, you may opt out of receiving such communications by writing to us at: Hands 4 Learning, Inc., Member Services, 1716 West Ellery Way, Fresno, California 93711, USA; by e-mailing us at memberservies?hands4learning?com; or by telephoning us at 888-503-4263 and asking to speak with the Member Services Associate.
Security
  • The security of your personal information is important to us. The password that protects your personal information, as well as your credit card information, are encrypted during transmission using secure socket layer (SSL) technology, which is widely used on the Internet for this purpose. These data are also stored in encrypted form.
  • H4L adheres to generally accepted industry standards to protect this information, both during transmission and once we receive it. These standards include the use of leading hardware and software applications. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your applicable information, we cannot guarantee its absolute security.
  • If you have any questions about security on our Website, you can e-mail us at memberservies?hands4learning?com.
  • Our Commitment to Your Privacy
  • This privacy statement covers H4L's primary Website, www.hands4learning?com, and various marketing Websites created and maintained by H4L.
  • If you have any questions or concerns regarding this statement, you should first e-mail us at memberservies?hands4learning?com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should contact Member Services at 888-503-4263. The Associate will then serve as a liaison with us to resolve your concerns.
Changes to this Privacy Policy
  • When we make any material change to this Privacy Policy, we will inform you by posting a notice on the Community page of www.hands4learning?com for 30 days that the policy has been updated and by changing the date on this page noting when the policy was last updated.


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