For pinwheel.education (the Site)

This Site gives you an opportunity to browse and purchase products and services from Pinwheel Learning Management Systems (the Company) and/or instructors offering learning materials through the Site.  These Terms and Conditions (Terms) govern your use of this Site, as well as our products and services, and form a binding contractual agreement between you and the Company.  You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle.  You should access our Site only with due regard for your own safety and the safety of others.

These Terms are important and you should ensure that you read them carefully and contact us at lacey[at]pinwheellms[dot]com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

ACCEPTANCE OF TERMS

By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at lacey[at]pinwheellms[dot]com and immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an entertainment resource only.  The documents and any related graphics published on this server could include technical inaccuracies or typographical errors.  Changes are periodically added to the information contained on our Site.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

These products and services are intended only for those who have reached the age of majority (18 years of age).  We assure compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA) by not contacting or collecting personal information from children under 13. We do not intend to solicit information of any kind from children under 13.  No one under the age of 13 is authorized to submit any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.

Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

Our products and services provide education, support, guidance, and tools for you, but any decision you make, and the consequences from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that the Company, its directors, principals, employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

REGISTERING YOUR DETAILS

Before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

• You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
• You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
• You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
• You will immediately notify us if your Password is lost or becomes known to any other person
• You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
• Any information you provide to us for posting or inclusion in our social media channels, at any time, becomes our property.
• To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
• You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorized use of your registered details.
• Where a member service is for one user only, you will not let any other person use your Password or provide any registered user or member services to another individual or entity.
• By posting or otherwise publishing Your Content on our Site or social media properties, you:
  • Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
  • Warrant that you have the right to grant the above licenses;
  • Warrant that Your Content does not breach these Terms; and
  • Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
• Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

AFFILIATE DISCLOSURE

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our social media properties.

RIGHT TO SUSPEND, TERMINATE AND REFUND

We reserve the right to suspend or terminate your use of the Site or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

Trial periods of a specified time (i.e. 7 days) must be cancelled prior to the start of the next calendar day (i.e. the 8^th day).  Ongoing monthly memberships may be cancelled at any time by you or by us to terminate before the next billing cycle.  The cost, cancellation, and refund, if any, details of our products and services may be otherwise specified on signup. 

Refunds are not provided for our products and/or services, including but not limited to where you have been given access to our content, whether accessed by you or not.  A Satisfaction Guarantee offer, if made, is only valid if the product or service has been used; failure to take action on your part is not cause for invocation of a Satisfaction Guarantee offer.

USER CONDUCT

Business owners of all levels are welcome here.  As such, keep all commentary respectful.  Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.  We also ask that you respect the confidentiality of others.  Every member has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to members only.

We have a strict ‘no shopping for customers’ policy. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own business or social media properties. This includes but is not limited to the use of opt-in-to-view or gated content sharing.  Be cautious of unsolicited private messages to members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. View the group as your peers, not your leads.

We reserve the right to remove posts, comments, or other content.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

APPLICABLE LAW

Our site is created and controlled in the State of California, United States of America.  The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of California, and applicable United States federal laws.  Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

These Terms, together with the Privacy Policy and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CONTACT US

Pinwheel Learning Management Systems

P.O. Box 269

Templeton, CA 93465

(805) 591-4709