Solutions & Strategies for Student Success

Terms of Use

TERMS OF USE

This website (the “Site” or “Exceptional-Learners.com”) is owned and operated by MJA Educational Services, LLC (“MJA”). Your use of Exceptional-Learners.com, its facilities or our services constitutes your agreement to the terms and conditions (the “Terms”) of this Terms of Use set forth below.

The information on Exceptional-Learners.com, including the terms of this Terms of Use, is subject to change at any time and for any reason without notice. Exceptional Learners will make such changes by posting them here. We encourage you to check this page periodically for any changes. Your continued use of the Site or our services following the posting of changes to these terms will mean you accept those changes.

use of website Information

Materials on this Site have been prepared by MJA for informational purposes only and do not constitute medical, counseling,legal or other professional services or advice. The information contained in this Site is provided only as general information that may or may not reflect the most current legal or medical developments; accordingly, information on this Site is not promised or guaranteed to be correct or complete. Further, prior results do not guarantee a similar outcome. MJA expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Site. Materials on this Site are not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem, nor are they intended as a substitute for professional advice or services from a qualified healthcare professional familiar with your individual matter. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

user-generated content

Subject to our Privacy Policy, you hereby grant MJA a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, or other data (names and photographs excluded) and information you submit to MJA (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. Subject to our Privacy Policy, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude MJA's use of the User Generated Content or require your permission for MJA to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against MJA or its sublicensees relating to MJA's or its sublicensees' use of the User Generated Content in accordance with our Privacy Policy, and you hereby release MJAs and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Intellectual Property

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the content is and shall remain the property of MJA or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part. However, you may print a reasonable number of copies of the content for your personal use provided that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Links to Other Websites

This Site may periodically provide links to third-party websites (“Third-Party Sites”). These Terms govern only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. MJA does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.

payments

MJA requires a credit card to be on file for all paid accounts. MJA reserves the right to bill these accounts for services. It is solely up to you to downgrade or terminate your account in order to terminate recurring charges. MJA reserves the right to terminate services at any time to anyone for any reason or without reason. Refunds may be considered by MJA on a case-by-case basis.  MJA makes no guarantee that payments issued will be refunded under any circumstances. 

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF MJA, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “EXCEPTIONAL LEARNERS PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE EXCEPTIONAL LEARNERS PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE MJA PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE MJA PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE MJA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE MJA PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

ability to accept terms of use

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. Individuals under the age of 18 may not use this Site.

Indemnification

You agree to make MJA, its affiliates, shareholders, partners, directors, officers, co-branders, subsidiaries, parents, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of these Terms.

Dispute Resolution

Any dispute arising out of or in connection with these Terms or your use of any content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Orleans Parrish, Louisiana, in accordance with its Commercial Arbitration Rules, as then in effect, the cost of which shall be paid by the party demanding arbitration. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from a sole arbitrator to parties. Any determination by such arbitration shall be final and conclusively binding and shall not include any damages expressly prohibited in these Terms. The award of the arbitrator may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the exclusive jurisdiction of the state or federal courts located in Orleans Parrish, Louisiana for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

If you have any comments or questions regarding our Terms of Use or Privacy Policy, please contact us at info@exceptional-learners.com.

Last Modified: January 8, 2018