WEB SITE TERMS AND CONDITIONS Effective as of:
January 3 of 2017
If you are a student, you should also refer to: your rights under the Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”);
Copyright and Limited License from Penuans Inc.
- (a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
- (b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
- (c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
- (d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
- (e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
- (f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
- (g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
- (h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
- (i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Repeat Infringer Policy
All logos and any other product or service name or slogan contained in the Sites are trademarks of Penuans Inc, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Penuans Inc. or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Sewing School Online and /or Sewing Classes Miami or any other name, trademark or product or service name of Penuans Inc. without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Penuans Inc. and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Penuans Inc.
You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray Penuans Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in the Penuans Inc. sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Penuans Inc. logo or other proprietary graphic of the Penuans Inc. to link to the Sites without the express prior written permission of Penuans Inc. Further, you may not use, frame or utilize framing techniques to enclose any Penuans Inc. trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Penuans Inc. express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Penuans Inc. or any third party.
Third Party Content and Applications
In addition to official pages on the Sites containing the content of Penuans Inc. in support of the School's mission or related administrative business, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as employees, students,, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of Penuans Inc.. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). Penuans Inc does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Penuans Inc. is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
Penuans Inc. may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Penuans Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Penuans Inc. advertisers or third party information on the Sites.
User Content and Conduct
The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- (b) User 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, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- (e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyper linking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
- (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
- (h) User Content that, in the sole judgment of Penuans Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Penuans Inc. or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
- (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to Penuans Inc. and its affiliates as herein provided;
- (b) the User Content is accurate and not misleading; and
Representations; Registration Data; Account Security
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
- (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
- (b) maintain and be solely responsible for the security of your password and identification;
- (c) maintain and promptly update the Registration Data, and any other information you provide to Penuans Inc, to keep it accurate, current and complete; and
- (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Penuans Inc. and/or affiliates.
Submissions Relating to Site(s) or Services
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or Penuans Inc. provided by you by participating in surveys hosted by the Schools or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to Penuans Inc., or any postings on the Sites, are non-confidential and shall be the sole property of Penuans Inc.,
Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
The Sites, and any documents issued by Penuans Inc. and/or Affiliates Institutions and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, as amended. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PENUANS INC, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES,
MICROSOFT APPLICATIONS, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PENUANS INC. DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. PENUANS INC.AND/OR AFFILIETES DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PENUANS INC. AND/OR AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER PENUANS INC. AND /OR AFFILIATES IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE PENUANS INC. AND/OR AFFILIETES ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, PENUANS INC AND/OR AFFILIETES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Penuans Inc. and affiliates, each reserve the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by either Penuans Inc. or affiliates.
Limitation of Liability
IN NO EVENT SHALL PENUANS INC,SEWING SCHOOL ONLINE OR SEWING CLASSES MIAMI, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE MICROSOFT APPLICATIONS, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PENUANS AND/OR AFFILIATES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PENUANS INC. AND/OR AFFILIATE,S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PENUANS INC. OR THE AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE SCHOOLS FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY ELECTRONIC MATERIALS FEES TO THE CORSSES, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.
Applicable Law and Venue
Updated: January 3 of 2017
This policy applies to website visitors, current and potential students, alumni and any other user of services offered through our Sites, including any websites or mobile applications operated by or on their behalf.
This policy applies to both online and offline collection, storage, processing and transfer of Personal Information. However, certain Sites or services may be subject to additional privacy policies or privacy disclosures relating to the services provided on the Site(s) (collectively “Additional Policies“).
We collect various types of Information through our Sites and other websites where you can express interest in our services, through our mobile applications, via email, over Live Chat, the phone and in person where print materials and digital technology may be used to collect Information from you. Some Information is collected automatically through various web and Internet technologies, including Social Networking tools used by your school to foster communication and collaboration among members of our community. Other Information is collected when you provide it in response to an advertisement, a survey or a request for information; apply for admission or financial aid; register for classes; order educational or other products and services; set up a Social Network or other Site profile; or use one of our career resources, learning assessments or other interactive tools.
We may also obtain information from other sources and combine that with Information we collect about you.
We will not sell, rent or lease your Personal Information to others except as provided in this policy. We may collect, use and disclose Personal Information for the following purposes:
- To determine your admissibility and to register you for your selected educational programs
- To contact you regarding your status with the School
- To provide requested products and services
- To respond to your inquiries and provide customer support
- To administer promotions in which you have indicated an interest
- For our internal marketing purposes, which include, but are not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you
- For fostering communication and collaboration among members of your School community through Social Networks
- For sharing with our Education Partners who may contact you with respect to their educational or other services
- For sharing with our Education Partners or Business Associates who are performing services on our behalf
- To analyze how Sites and services are being accessed and used
- For investigation of information security and information asset protection-related incidents
- To test, correct and improve our content, applications and services
- To develop new applications, products and services
- For Online Behavioral Advertising purposes
- To improve student retention, Site and service performance, user experience and delivery
- To prevent potentially illegal activities (including illegal downloading of copyrighted materials in accordance with our Copyright Infringement Policy)
- To investigate suspicious information that denotes illegal activity such as financial aid fraud
- To analyze academic and learning outcomes and preferences
- For external academic research and scholarship done by Business Associates or Unrelated Entities
- To obtain payment for services that we provide to you
- To provide you with information concerning arrangements and other options for the repayment of funds loaned to you for your education
- To maintain educational and business records for reasonable periods
- To provide to Education Partners, Business Associates or Unrelated Entities in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed with such transaction or fulfilling any records or other reporting requirements to such parties. In the event of any actual reorganization, merger or acquisition, such Information may be transferred as part of the transaction to the acquirer
Your Financial Information will be used to provide requested products and services, to analyze operational and business results, to analyze risk, and for concluding your registration or other transaction you have initiated with us. It will not be sold, rented or otherwise transferred to an Education Partner, Business Associate or Unrelated Entity outside of these purposes, except in the case of a reorganization, merger or acquisition of our shares or assets..
If you do not wish to receive marketing email communications or direct mail communications from us, you may express your choice where indicated on the applicable email.
We or our Business Associates may use data collected on this Site for Online Behavioral Advertising purposes, e.g., to customize ads to you on other websites as you browse the web. Other Collection, Use and Disclosure
You may be able to opt out of our collection, use and disclosure of your Personal Information in other situations subject to applicable contractual, academic, legal or technical restrictions and reasonable notice. If you do not wish to receive marketing email communications or direct mail from us, you may express your choice where indicated on the applicable email.
Other Important Information
We will take commercially reasonable measures to secure and store your Information to protect against the loss, misuse and alteration of the Information under our control. We utilize industry-standard security measures when accepting your credit card Information during your registration or other transaction you have initiated with us, as well as whenever we ask you to log in to any of our Sites.
If you become a student, your educational records are subject to the U.S. federal Family Educational Rights and Privacy Act (FERPA), state laws and your School policies.
How to Contact Us or Access Your Information. You will have access to update any of your Personal Information through our web page or have any questions about our privacy practices, please contact on the applicable email.