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Terms of Service

Last Revised: August 24, 2013
 
Welcome to floatyourboatmedia.com (“Site“), which is owned and operated by Tomorrow, Today LLC. The following Terms of Service (“Agreement“) governs your access to and use of the Site and the services made available from the Site (the Site and any services made available from the Site, the “Service”). Please review the entire Agreement carefully. The Service is operated by Tomorrow, Today LLC (collectively, “us“, “we” or “Tomorrow, Today“). By accessing or using any portion of the Service, you signify that you have read, understand and agree to be bound by this Agreement, including all Tomorrow, Today policies that apply to your use of the Service.
 
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.


1. Changes

Tomorrow, Today reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the changes for your use of the Service after the effective date of those changes. If you do not agree to abide by this Agreement or any future version of this Agreement, your sole remedy is to not use or access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.

2. Eligibility

Use of the Service is void where prohibited. By using the Service, you represent and warrant that you agree to and will abide by all of the terms and conditions of this Agreement. Children under 18 are only authorized to use the Service with the written authorization by a school or other educational organization that registers that child. Self-registration by children under 18 is strictly prohibited.

3. Registration

To access and use the Service, you must register for an account. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. Tomorrow, Today has the right to suspend or terminate your account and refuse any and all current or future use of the Service if it suspects that such information is untrue, inaccurate, not current or incomplete.

4. License

Subject to the terms and conditions of this Agreement, Tomorrow, Today grants you a limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to participate in the floatyourboatmedia.com business English learning platform as intended and made available by Tomorrow, Today. Except for those rights expressly granted in this Agreement, no other rights are granted, either expressed or implied, to you.

5. Term and Termination

This Agreement will remain in full force and effect while you use any portion of the Service or have a floatyourboatmedia.com account. Tomorrow, Today may terminate your account at any time, for any reason, without warning. Even after your account is terminated, this Agreement will remain in effect. You may terminate your account at any time, for any reason, by contacting us by email at support@floatyourboatmedia.com .
 
Requests account termination may be made in writing to:
 
Tomorrow, Today LLC – Account Termination
PO Box 453
Roscoe, NY 12776
United States of America


6. Fees

Tomorrow, Today may charge fees for access to the floatyourboatmedia.com site (“Paid Services”), and will notify you of those fees at the time that we offer you a Paid Service. Unless you have access to Paid Services via a current floatyourboatmedia.com group subscription agreement between Tomorrow, Today and your organization or another entity, by electing to access a Paid Service you authorize Tomorrow, Today to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your use of that Paid Service in US dollars, including all applicable taxes. If Tomorrow, Today does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Tomorrow, Today may suspend your access to the Paid Services or to the Service. You may cancel your use of a Paid Service or your account at any time. All sales are final and Tomorrow, Today will not issue refunds except as expressly provided in this Agreement. You acknowledge that Tomorrow, Today reserves the right to change its fees at any time.
 
At no time will you be charged without your prior knowledge and explicit consent.


10. Availability

All Services are subject to availability. Tomorrow, Today does not guarantee that any Service, including any Paid Service, will be available to you at the time you wish to use it.

11. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any written or online notice from Tomorrow, Today. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Use of the Service is for your personal and non-commercial use unless otherwise agreed in writing by Tomorrow, Today, and Tomorrow, Today does not grant you any express or implied rights to access or use the Service for any other purpose.

12. Privacy

We may collect registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the floatyourboatmedia.com Privacy Policy available here.

13. Disclosure Permission

If you have access to Paid Services via a floatyourboatmedia.com group subscription agreement between Tomorrow, Today and your organization or another entity, you hereby permit floatyourboatmedia.com to provide reports regarding your usage of the Service, including personally identifiable information, to the subscribing entity during the term of that group subscription.

14. Security

You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify floatyourboatmedia.com of any unauthorized use of your password or username or any other breach of security.

15. Storage; Inactive Accounts

You acknowledge that Tomorrow, Today may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, lesson submissions, lesson progress, lesson and quiz data, lesson submission comments, or other uploaded content will be retained by floatyourboatmedia.com, the maximum number of messages or other content that may be sent from or received by an account on the Service, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on floatyourboatmedia.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access floatyourboatmedia.com in a given period of time. You agree that Tomorrow, Today has no responsibility or liability for the deletion or failure to store any messages, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content maintained or transmitted by floatyourboatmedia.com. You acknowledge that Tomorrow, Today reserves the right to deactivate your account if it is inactive for longer than one year.

16. Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content (“Content”), are owned by Tomorrow, Today to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Tomorrow, Today’s prior written consent. Requests for permission to reproduce any Content must be made in writing to:
 
Tomorrow, Today LLC – Content Licensing
PO Box 453
Roscoe, NY 12776
United States of America


17. Trademark and Service Mark Rights

All rights in the product names, company names, trade names, logos, and designs of all floatyourboatmedia.com products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Tomorrow, Today or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of Tomorrow, Today or any third party.

18. User Content and Communications

In connection with registration for a floatyourboatmedia.com account, users may upload information or other materials to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so. Other than personal information, which is covered under the floatyourboatmedia.com Privacy Policy, any information you transmit or post to the Service will be considered non-confidential and non-proprietary.
 
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order provide and promote the Service and Tomorrow, Today’s business. You retain all rights in your User Content, subject to the rights granted to Tomorrow, Today in this Agreement. You may modify or remove your User Content via your floatyourboatmedia.com account or by terminating your floatyourboatmedia.com account.
 
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with floatyourboatmedia.com’s products and services, as determined by Tomorrow, Today in its sole discretion; or (f) in Tomorrow, Today’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Tomorrow, Today, its affiliates, or users to harm or liability of any nature.
 
Although Tomorrow, Today has no obligation to screen, edit, or monitor any User Content, Tomorrow, Today reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You further understand and agree that Tomorrow, Today may use or disclose any information related to you (including User Content) in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Tomorrow, Today or any third party.


19. Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

  • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;

  • Use automated scripts to collect information from or otherwise interact with the Service;

  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • Register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity you are not currently affiliated with;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Intimidate or harass another;

  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  • Use or attempt to use another’s account, service or system without authorization from Tomorrow, Today, or create a false identity on the Service.

  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Tomorrow, Today, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose floatyourboatmedia.com or its users to any harm or liability of any type.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Tomorrow, Today will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

20. Member Disputes

You are solely responsible for your interactions with other members of the floatyourboatmedia.com community, including your interactions with any group subscription administrators, tutors or teachers. Tomorrow, Today reserves the right, but has no obligation, to monitor disputes between you, other members or group subscription administrators.

21. Links to Third-Party Web Sites

The Service may contain links to other websites (“Linked Sites“). Tomorrow, Today does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Tomorrow, Today, and Tomorrow, Today is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. floatyourboatmedia.com is providing access to Linked Sites to you only as a convenience, and the inclusion of links to Linked Sites is not an endorsement by Tomorrow, Today in favor of any third party.

22. Notice of Copyright Infringement

Tomorrow, Today respects the intellectual property rights of others, and asks you to do the same. It is Tomorrow, Today’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Tomorrow, Today’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Tomorrow, Today or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

You may write to Tomorrow, Today’s designated agent for notice of copyright infringement at:
 
Tomorrow, Today LLC  – Copyright Agent
PO Box 453
Roscoe, NY 12776
United States of America
 
By submitting a copyright infringement notice, you acknowledge and agree that Tomorrow, Today or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. Tomorrow, Today will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Tomorrow, Today or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Tomorrow, Today, then Tomorrow, Today may, in its sole discretion, reinstate the removed or disabled material.


23. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS.” TOMORROW, TODAY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. TOMORROW, TODAY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
 
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOMORROW, TODAY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY TOMORROW, TODAY, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TOMORROW, TODAY OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
 
TOMORROW, TODAY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TOMORROW, TODAY DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.


24. Limitation of Liability

IN NO EVENT WILL TOMORROW, TODAY OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE TOMORROW, TODAY FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
 
THE MAXIMUM TOTAL LAIBILITY OF TOMORROW, TODAY, ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, IS THE LESSER OF (A) THE AMOUNT RECEIVED BY TOMORROW, TODAY FROM YOU DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOMORROW, TODAY. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
 
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Tomorrow, Today has been advised of the possibility of such damage, and even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Tomorrow, Today’s liability in such jurisdictions will be limited to the extent permitted by law.


25. Indemnification

You will indemnify, defend and hold Tomorrow, Today and its licensors, suppliers, and processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to your use of the Service or any activity on the Service via your account, your violation of this Agreement, or your violation of any rights of a third party through use of the Service.

26. Choice of Law and Forum

This Agreement is governed by the laws of the State of New York. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to this Agreement or any transactions under this Agreement. If there is any dispute between us concerning the Agreement or your access to or use of the Service, we both agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Delaware County, New York for the purpose of litigating all such claims or disputes.

27. Feedback

If you provide feedback to Tomorrow, Today regarding the Service (“Feedback”), you authorize Tomorrow, Today to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a perpetual and irrevocable license to use the Feedback in any manner and for any purpose.

28. No Waiver

The failure of Tomorrow, Today to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive Tomorrow, Today’s right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

29. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tomorrow, Today as a result of the Agreement or your access to and use of the Service. A printed version of the Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Tomorrow, Today and governs your use of the Service. If any portion of the Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.