Terms and Conditions
“Effective Date” - refers to the date that TL confirms Subscriber’s right to use the Website.
“Free Trial” - refers to a temporary right to use the Subscription Website at no charge during the permissible no fee trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A Free Trial may or may not require the insertion of credit/debit card information.
“Public Website” - means that portion of the Website that is available for use by any person without the need to be a Subscriber.
“Subscription Website” - means the applicable portion of the Website that is available only to a Subscriber.
“Website” or “Site” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located www.tamarindlearning.com (or such other web address notified by the Company to Subscribers at any time), and includes the entirety of both the Subscription Website and the Public Website.
“Services” or “Service” or “Content”- means the Public Website, the Subscription Website, and their entire contents, features, and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and any other documentation pertaining to the foregoing).
“Subscriber” - also referred to as “Member” or "User", refers to an individual that has the right to access the Subscription Website via a Subscription Fee (“Paid Subscription”), Free Trial, or other basis. A Subscriber must be at least 18 years of age or, as applicable, the age of majority in the country, state, or other jurisdiction in which the Subscriber resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription Website), and possess the legal right and ability to enter into binding contracts.
Subscriber agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Subscriber’s Authentication Information. Subscriber acknowledges that their Authentication Information is for their own personal use and is expressly prohibited by the Company to be shared with anyone else for any reason whatsoever. Subscriber will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Subscriber or authorized user access to the Services at any time, in its sole discretion for any or no reason, including if, in the Company’s opinion, Subscriber has violated any provision of these Terms of Service or appear likely to do so.
“Subscription” - refers to a right to use the applicable portion of the Subscription Website as a Subscriber under a Paid Subscription, Free Trial, or other form of right and/or fee to access the Subscription Website.
“Subscription Term” - means the period of time that a Subscriber may utilize the applicable portion of the Subscription Website.
No Investment or Legal Advice
This Content is for informational and educational purposes only. You should not construe any such information or other material as legal, tax, investment, financial, or other advice. All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.
TL is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site or discussed over the duration of a course before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold TL, its affiliates, or any third party service provider liable for any possible claim for damages arising from any decisions you make based on information or other Content made available to you through the Site.
Opinions Expressed on Site
TL is not responsible for and does not necessarily hold the opinions expressed by people who post content on our site: Opinions and other statements expressed by users and third parties on the Website are theirs alone, not opinions of Tamarind Learning. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, the Website is not undertaking any obligation or liability relating to the content. TL and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. TL and its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TL reserves the right to block or remove communications, postings or materials at any time in our sole discretion without notice.
Third-Party Linked Sites
Limited Right of Use/Ownership of Content
A. The information available through the Service is the property of the Company or its licensors and is protected by copyright and other intellectual property laws. Any printouts or digital product using or referencing content from the Service may contain a copyright notice along with Tamarind Learning logo(s) that appear throughout this website, and you may not delete or alter the copyright notice(s) included on any downloaded file. All trademarks and service marks on the Website not owned by the Company are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TL’s trade names, trademarks, or service marks without our express prior written consent. You are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Service. The Service is available ONLY for the designated person identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the username and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of the Company. You may use information from the Service, but copying, distributing or otherwise making available Tamarind Learning or its licensors' copyright-protected content from the Service to third parties is forbidden. You may make one print copy that is limited to the articles available for download on the Website. You are prohibited from: (i) using or permitting the use of the information to prepare an original database that is sold, rented, published, or furnished in any manner to a third party or (ii) using or permitting the use of the information to prepare a comparison to other databases that is sold, rented, published, or furnished in any manner to a third party; (iii) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.
B. (i) Accounts accessed with individual username and password are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password; (ii) Accounts accessed through IP authentication or referring URL are granted a non-exclusive, concurrent, non-transferable, limited license to access the Service. Access to the Service is limited to the number of simultaneous users specified in your order. In the event an account reaches the concurrency limit, we reserve the right to deny access to any and all users in excess of the number of simultaneous users specified on the order. Any account accessed with an individual username and password, whether concurrent or non-concurrent, is subject to the restrictions regarding sharing of username and password previously set forth.
C. We reserve the right to monitor your use of the Service to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Service, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, we reserve the right to take such action as we deem necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.
You are permitted to use the Site and Content for your personal, non-commercial use only. The Site and Content are and shall remain the property of TL and is protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights, and laws. You may use the Site and Content for your personal, noncommercial use, provided that you keep intact all copyright, trademark, patent, and other proprietary notices. Except as expressly authorized in advance by TL in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, decompile or disassemble, all or any part of the Site or Content. Trade names, trademarks, and service marks of TL include, without limitation, TL and any associated logos. All trademarks and service marks on the Site not owned by TL are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TL’s trade names, trademarks, or service marks without our express prior written consent.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
TL, in its sole discretion, may terminate your access to or use of the Site and Content, at any time and for any reason without reimbursement. Your access to or use of the Site and Content may be terminated without notice. TL shall not be liable to you or any third party for any termination of your access to the Site or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination. TL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our site.
Children under the age of 18 are not permitted to register unless access is approved in writing by a legal guardian and TL. It is TL's policy not to collect any information from anyone under the age of 18.
IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE SITES AT ANY TIME OR IN ANY MANNER.
If you are the parent or legal guardian of a child under 18, and that child has somehow registered, please send an email to email@example.com to cancel your child's registration. In the email message, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address, and a copy of your child's birth certificate or a signed statement that you are the child's parent or legal guardian. Tamarind Learning reserves the right to seek additional information to verify your identity and status in relation to the child. TL will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
If you are not an individual, you warrant that you have all necessary corporate or equivalent authority and power to agree to the Terms and Conditions, which you agree shall be binding on the corporation, partnership, association, or other entity in whose name you are registering as a user and establishing an account.
You agree to be bound by any affirmation, assent, communication, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from TL solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent," "Submit," or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
We bill you through an online account (your "Billing Account") for use of the Service. You agree to pay us all charges at the prices then in effect for any use of the Service using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that your payment provider makes even if your payment provider has already requested or received payment.
B. Subscription Fee
Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”). The Company reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
C. Free Trial
If Subscriber cancels a Free Trial before it expires, Subscriber’s credit/debit card will not be charged. If Subscriber does not cancel before expiration of the Free Trial, Subscriber will automatically be enrolled in the appropriate membership (depending on Subscriber’s Free Trial sign-up choice), and Subscriber’s credit/debit card will be billed accordingly.
D. Subscription Term.
The Subscription Term or effective period end date shall be stated on each purchase or the end date will be one calendar year from the time of purchase which ever end date is the earliest.
E. Current Information Required.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide to us any of the foregoing information, you agree that we may continue charging you for any use of the service under your Billing Account unless you have terminated your subscription for the service (confirmed by you in writing upon request by us).
F. Automatic Renewal.
Recurring charges are billed in advance of service. Subscriber authorizes the Company to bill Subscribers Billing Account with Subscribers preferred Payment Method, on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Subscriber acknowledges that the Company is not responsible for any overdrafts of any kind, at any financial institution, or third-party payment processor such as PayPal, caused by our deduction of your initial or automated subscription payments. You also give us permission to attempt to debit your account on 3 different occasions should your initial or automated payment be rejected for any given reason. You further acknowledge that no full or prorated refunds are granted on the basis of forgetting to cancel your Subscription, and that cancellation of your payment will immediately terminate access to your Subscription.
G. One Time Fee Model
Should you opt-in to the one-time fee model, you will only be charged a one-time payment and will retain access to the course you purchased for a duration of 1 year. After the1 year period, the course access will expire, and you will no longer have access to the site. Should you have a need to access the site past the 1 year, simply email us at firstname.lastname@example.org and we will review your request on a case by case basis. TL is under no obligation to extend the term of the course or to renew the course but can choose to do so at its own discretion.
All orders are considered final, with no returns or refunds implied or stated. By subscribing to our Service, you agree for your credit card or other payment option to be charged the indicated amount. In an effort to ensure your satisfaction with your member experience at Tamarind Learning, we strongly urge you to please contact us immediately at email@example.com so that we may assist in resolving any account issues on your behalf.
By accessing and using the Site and Content, you agree to indemnify, defend, and hold harmless TL (specifically including its owners, employees, and partners information providers) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
The Site is controlled and operated by TL from the United States, and is not intended to subject TL to the laws or jurisdiction of any country or territory other than that of the United States. TL does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and only in those U.S. states and territories where TL is registered or licensed or exempt from registration or licensing under applicable state or federal law. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability to any person, geographic area, or jurisdiction.
This privacy notice discloses the privacy practices for www.tamarindlearning.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used, and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
For research purposes, we may aggregate participant responses from the website from time to time to identify emerging trends and/or common themes. No personal data, nor any personally identifying data will ever be shared by Tamarind Learning.
Your Access to and Control Over Information
You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use this website, a user must first complete the registration form. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We store information that we collect through cookies, and log files and users to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Website. Your profile will only be shared as part of an aggregate form with no personal or identifiable information.
We request information from you on our order form. To buy from us, you must provide contact information (such as name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Discussion Boards and Notes
When you contribute to a public area of Tamarind Learning, such as a discussion board, blog, or any public forum, the information that you submit can be made visible to the general public. We therefore advise that you do not submit private or sensitive information to such areas.
We use outside companies for services such as research, order shipping, and credit card processing to bill for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time to time our site requests information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate. Survey information will be used for purposes of helping participants apply their learning and for monitoring or improving the use and satisfaction of this site.
Like most standard Website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and the number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information and are never given to third parties. Aggregate information may be used by Tamarind Learning in order to enhance our services.
California Online Privacy Protection Act Compliance
We value your privacy, therefore we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore shall not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into my account.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.
You agree that in the event TL receives a subpoena issued by a court or from law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location, or other information in response thereto.
You agree that in the event TL receives a subpoena issued by a court or from law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location, or other information in response thereto.
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
By mail: Tamarind Learning, 4500 PGA Blvd, Suite 301A, Palm Beach Gardens, FL, 33418, Attn: Copyright Administrator
By phone: 561-427-1330
By email: firstname.lastname@example.org
Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Our Website is available “as is.” We do not warrant that our site will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through our site. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our site or any information or goods that are available or advertised or sold through our site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed on this site or available through links on our site. We reserve the right to correct any errors or omissions on our site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our site, we do not guarantee or warrant that our site or materials that may be downloaded from our site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our site and any materials available through our site, you do so solely at your own risk.
Our site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties. Due to the number of sources from which content on our site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on our site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.
Rules of Conduct
Your use of the Site and Content is conditioned on your compliance with the rules of conduct set forth here. You will not:
- Use the Site or Content for any fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies, or regulations of such networks.
- Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content).
- Use the Site or Content to advertise or offer to sell or buy any goods or services without TL’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content.
- Modify, adapt, reverse engineer, decompile/disassemble any part of the Site or Content.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site or Content.
- Frame or mirror any part of the Site or Content without TL’s express prior written consent.
- Create a database by systematically downloading and storing Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
- Use profanity, attack other participants, or make negative remarks to instructors in regard to course content.