TERMS OF USE

Your access to and use of this website located at www.FluencyFastPass.com, and all features, applications, functionality, services, content, and information contained therein (collectively, the “the CPGS Website”) is governed by these Terms of Use (as may be updated by ClearPath Global Solutions, LLC from time to time, the “Terms”). The Website is owned by ClearPath Global Solutions, LLC, a Kentucky limited liability company doing business as Learn English with Madeline and Fluency FastPass (“CPGS”, “us”, “our”, or “we”). By accessing or using the CPGS Website, you agree to be bound automatically by these Terms and the terms of CPGS’s Privacy Policy available on the CPGS Website (collectively, the “Policies”). 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE, VIEW, OR OTHERWISE ACCESS THE CPGS WEBSITE OR RELATED FEATURES, FUNCTIONALITY, AND SERVICES. YOUR ACCESS TO OR USE OF THE CPGS WEBSITE WILL BE CONSIDERED AUTOMATIC ACCEPTANCE OF THESE TERMS.

CPGS reserves the right to update and amend these Terms at any time, in its sole and absolute discretion. All such amendments and updates will become effective immediately upon posting to the CPGS Website.

USE OF THE CPGS WEBSITE
You shall not access or use the CPGS Website, or any content or materials displayed therein, for any purpose other than your own personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations at all times when accessing or using the CPGS Website and viewing related materials. You will not upload any viruses or harmful or obscene information to the CPGS Website.  You will not access, or attempt to access, any nonpublic features of the CPGS Website.

USE OF IMAGES; CREATIVE CONTENT
CPGS owns the CPGS Website and all related data, materials, curriculum, images, content, user interface, trademarks, copyrights, and other intellectual property related thereto and contained therein (collectively, the “Materials”). The images, materials, and content on the CPGS Website are available exclusively for non-commercial, personal, and educational use.  You may only access or view such images, content, and features on a temporary, non-commercial basis for the sole purpose of your personal charitable, education, viewing, or “fair use” (as defined in the United States copyright laws) purposes. Without limiting the foregoing, your use of any such Materials and the CPGS Website is at your own risk. You are responsible for researching, understanding, and complying with applicable law with respect to the use of such images and content. You are solely responsible for complying with all applicable laws, rules, and regulations related to the use of such content and Materials, including all copyright and other intellectual property laws. You agree to not copy, reproduce, transfer, distribute, misuse, misappropriate, modify, or alter any such Materials, images, information, or content displayed on the CPGS Website. Without limiting the foregoing, to the extent you use any such images or content in compliance with these Terms and applicable laws, you shall also provide proper attribution to the applicable creator or author of the work displayed in such images or materials, as well as proper attribution to CPGS, as applicable.

If you submit any ideas, concepts, information, materials, images, or other works or materials (collectively, “User Submitted Content”) to CPGS, whether through the CPGS Website or otherwise, you agree that (i) CPGS shall have no obligation to incorporate such User Submitted Content into the CPGS Website or related products or services; and (ii) you hereby grant and upon creation or submission thereof do hereby automatically grant to CPGS an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license and right to use, incorporate, and exploit such User Submitted Content for any purpose related to CPGS’s charitable purposes, subject to the restrictions contained in the Privacy Policy. To the extent CPGS incorporates any such User Submitted Content, you agree that you shall have no monetary or other rights to any work in which the User Submitted Content is incorporated.

If you have any questions about these restrictions, or if you would like to use any of the images or content on the CPGS Website in any way not permitted herein, please contact CPGS at [insert email].

DISCLAIMER OF WARRANTIES
THE CPGS WEBSITE AND THE MATERIALS, INFORMATION, IMAGES, AND CONTENT DISPLAYED THEREIN, AND ANY PRODUCT OFFERED OR SOLD THROUGH THE CPGS WEBSITE, ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS. The CPGS makes no representations or warranties related to (i) any Materials, images, data, or content contained on the CPGS Website; (ii) any information posted on the CPGS Website; or (iii) any product sold through or features displayed or offered on the CPGS Website.  CPGS hereby disclaims all express and implied warranties related to the same.  Without limiting the foregoing, CPGS does not guarantee that (a) the CPGS Website or the products sold or licensed through the CPGS Website, will meet your expectations or requirements; (b) the CPGS Website will be uninterrupted, timely, secure, or error-free; or (c) that any errors or inaccuracies on the CPGS Website will be corrected. 

You acknowledge and agree that the information and services available on the CPGS Website are offered for charitable and educational purposes only, and that the same do not constitute medical or legal advice. You should consult an attorney and/or physician for any questions related to the law or medical treatments or processes. Your reliance on the information available on the CPGS Website is at your sole risk.

LIMITATION OF LIABILITY
CPGS IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) ANY PRODUCT, SERVICE, WEBSITE, APPLICATION, OR OTHER MATERIALS, INFORMATION, OR CONTENT PROVIDED OR OWNED BY ANY THIRD-PARTY; (II) ANY ISSUES ARISING FROM YOUR USE OF THE INTERNET OR ANY SYSTEM WHEN ACCESSING THE CPGS WEBSITE; (III) YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE ON THE CPGS WEBSITE; (IV) ANY ACTION OR OMISSION OF ANY THIRD PARTY WEBSITE, EVEN IF A LINK OR PROMOTION OF SUCH WEBSITE IS DISPLAYED ON THE CPGS WEBSITE; OR (V) IF A FORUM OR OTHER METHOD OF THIRD PARTY USER SUBMISSION IS MADE AVAILABLE, ANY STATEMENT, IMAGES, MATERIALS, IDEAS, OR CONCEPTS SUBMITTED BY ANY SUCH THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, CPGS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE CPGS WEBSITE, THE IMAGES, CONTENT, INFORMATION, OR MATERIALS DISPLAYED THEREIN, OR PRODUCTS OR SERVICES OFFERED THROUGH OR ADVERTISED ON THE CPGS WEBSITE EVEN IF CPGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 
GOVERNING LAW AND JURISDICTION
These Terms, and your use and access of the CPGS Website, will be governed by the laws of the State of Kentucky. Any dispute related to these Terms, the CPGS Website, the Materials, or the content, products, or materials offered through the CPGS Website, will be decided exclusively by the state or federal courts located in Jefferson County, Kentucky, and you hereby submit to the exclusive jurisdiction and venue of such courts.

INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold CPGS and CPGS’s directors, officers, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) relating to or arising out of (i) any unauthorized activity related to your use of the CPGS Website, the Materials, or the images or materials displayed therein; (ii) your violation of any term of these Terms; or (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the CPGS Website, the Materials, or other images or materials displayed therein using your computer; or (iv) any use of products sold through the CPGS Website.