FELS INC.’S WEBSITE
TERMS AND CONDITIONS
Please read the following Terms and Conditions (the “Terms”) carefully before using the FELS website in addition to any online features, services and/or programs offered by FELS.
These Terms do not apply to web pages operated and/or owned by an entity other than FELS. Users of web pages operated and/or owned by entities other than FELS should refer to the Terms and Conditions in effect for the applicable web page .
- CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, neither FELS warrants or represents that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) FELS has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained by you in response to questions asked through the Website is accurate or complete.
- USE OF SITE USE AND CONTENT. You may view, copy or print pages from the Website exclusively for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of FELS. At any time and without further notice, we may make changes to the Website and/or to the services described in these Terms at any time and without further notice to you.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NEITHER FELS NOR ANY AUTHORIZED FRANCHISEE MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. NEITHER FELS NOR ANY AUTHORIZED FRANCHISEE GUARANTEES THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING,
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless FELS and their, directors, officers, employees and agents, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by FELS directly or indirectly, with respect to or arising out of: (i) your failure to comply with or your breach of these Terms; and/or (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
- LIMITATION OF LIABILITY. IN NO EVENT WILL FELS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF FELS AND AUTHORIZED FRANCHISEES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- NO GUARANTEE OF ADMISSION. The availability of the Website does not constitute an offer for placement at a School or a guarantee of availability of services.
- THIRD PARTY CONTENT.
(a) The Website may provide hyperlinks to other websites maintained by third parties, or third party content may be provided on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER FELS CENTRAL IS RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with FELS or any Authorized Franchisee. FELS and Authorized Franchisees may not be aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Content; (ii) may not create a browser, border environment or frame Content; (iii) may not imply that FELS is endorsing it or its products or services; (iv) may not misrepresent its relationship with FELS (v) may not present false or misleading information about FELS or their respective products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
- COPYRIGHT AND TRADEMARKS. The FELS trademarks, service marks and logos used and displayed on the Website are either (a) FELS, or its subsidiaries’ or affiliates’, or (b) another party’s registered and unregistered trademarks. FELS is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of FELS, that may be referred to on the Website are the property of FELS, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FELS trademarks, service marks or copyrights without FELS prior written permission. FELS aggressively enforces its intellectual property rights. Neither the terms “FELS” or “Federation Early Learning Services”, nor any of FELS other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without FELS prior written permission.
- AVAILABILITY. Information that FELS publishes on the Website may contain references or cross-references to products, programs or services of FELS, its Authorized Franchisees, partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that FELS, or any of its Authorized Franchisees, partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact FELS or an Authorized Franchisee near you for information regarding the products, programs and services that may be available to you, if any.
- COPYRIGHT COMPLAINTS. FELS owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), FELS will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to FELS at: 10700 Jamison Avenue, Philadelphia, PA 19116
- TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to FELS, its Authorized Franchisees or partners, to the business of the Website’s Internet service provider, or to other information providers.
- GOVERNING LAW. These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Montgomery County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- LOCAL LAWS. FELS makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. The Website is intended to users in the United States only. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. FELS is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent to This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:
Federation Early Learning Services
10700 Jamison Avenue
Philadelphia, PA 19116
Copyright © 2019 Federation Early Learning Services All Rights Reserved. EFFECTIVE AS OF: December 24, 2019