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TERMS AND CONDITIONS OF SALE,
AND PRIVACY AND ONLINE DATA COLLECTION NOTICE

Terms and Conditions of Sale

This Agreement contains the terms and conditions that apply to your purchase(s) of products (“Products”) and/or services (“Services”) from Mosley-Wilber Learning, LLC, sold in the United States. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. This contract was last revised on March 13, 2009.

By placing an order you acknowledge that you have read, accepted and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations including United States export and re-export control laws and regulations. These Terms and Conditions apply unless you have signed a separate purchase agreement with Mosley-Wilber Learning, LLC. These Terms and Conditions are subject to modification without prior written notice at any time in Mosley-Wilber Learning’s sole discretion.

The Terms and Conditions of this Agreement shall govern unless you return the Products or discontinue the Services within sixty (60) days after receiving the Products or Services.

1. Price and Payment Terms. Your total price for the Products and Services will be stated on your purchase receipt. Terms of payment are within Mosley-Wilber Learning’s sole discretion and, unless otherwise agreed to by Mosley-Wilber Learning, payment must be received by Mosley-Wilber Learning, LLC, prior to Mosley-Wilber Learning’s acceptance of an order. Payment for the Products and Services must be made via PayPal. Purchases are not binding upon Mosley-Wilber Learning until accepted by Mosley-Wilber Learning, and Mosley-Wilber Learning reserves the right to decline the acceptance of any purchase, including but without limitation, in the event the price of the Products or Services is a mistake. Prices advertised do not include applicable sales taxes, which will be added to the price you pay, unless you provide Mosley-Wilber with a valid and correct tax exemption certificate.

2. Shipping and Title. Mosley-Wilber retains all rights and title associated with the Products made available to you. All products will be delivered electronically. See the website for System Requirements, prior to completing this purchase, to ensure your system is compatible with the WowzaBrain.com website and all services provided through it.

3. Inspection of Products upon Receipt. You must examine the Products when they are made accessible to you. If you are unable to access any portion of the purchased ePackage, Mosley-Wilber Learning, LLC will provide access with seventy-two (72) hours of receipt of notification or will provide a full refund. Mosley-Wilber Learning will credit the number of days that the member was unable to access the entire purchased ePackage to the number of days remaining in the member’s six (6) month subscription if the member informs Mosley-Wilber Learning, of the problem within sixty (60) days of purchase. Mosley-Wilber Learning will refund your member subscription fee at any time upon notice within the first sixty (60) days of receipt if you are dissatisfied for any reason. Use the email address info@WowzaBrain.com, or the telephone number (719) 216-2170, to notify Mosley-Wilber Learning of difficulties.

4. Products. Mosley-Wilber Learning offers a six- (6-) month, unlimited-access membership to the purchased WowzaBrain.com ePackage, which includes” printiable WowzaBrain games, video demonstrations (instructions), virtual (via your computer) meetings with WowzaBrain’s Cognitive Coaches, WowzaBrain Webinars, and WowzaBrain-Power Pages (information). Each membership subscription's use is limited to immediate family members or one classroom.

Mosley-Wilber Learning may revise and discontinue Products and Services at any time. Mosley-Wilber will make available to you Products that have the functionality and performance of the Products you purchased, but changes between what is made available on-line and what is described in the Product specifications are possible.

5. Warranties. This Warranty gives you specific legal rights. You may also have other rights that vary from state to state. Mosley-Wilber Learning makes no express warranties except those stated in this section. Any such warranties will be effective, and Mosley-Wilber Learning will be obligated to honor any such warranties, only upon Mosley-Wilber Learning’s receipt of payment in full for the Product(s) to be warranted. Mosley-Wilber Learning disclaims all other warranties, express or implied, including, without limitation, warranties of quiet enjoyment and non-infringement, merchantability for computer programs and implied warranties of merchantability, fitness for a particular purpose and informational content. Mosley-Wilber Learning reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.

6. Limitation of Liability. Mosley-Wilber Learning shall have no liability whatsoever beyond the remedies set forth herein, including, without limitation, loss of data, lost profits, loss of business, personal injuries of any kind or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation applies both to Products and Services you purchase under this Agreement. In no event shall the total aggregate liability for Mosley-Wilber Learning exceed the amounts paid by you for the Products or Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Refund Policy. Mosley-Wilber Learning will refund your full member subscription fee if you are dissatisfied for any reason and you have satisfied all of the following member requirements:

  1. Allow your WowzaBrain Specialist to perform an initial reading check-up on your child within one (1) week of joining.
  2. Participate in at least one (1) consultation with your WowzaBrain Specialist during the first six (6) weeks and follow the suggestions provided.
  3. Fill out a progress chart for each consultation with your WowzaBrain Specialist.
  4. Request your refund no more than sixty (60) days after the start of your subscription: Email info@WowzaBrain.com, or telephone (719) 216-2170.

8. Technical Support. Ongoing WowzaBrain.com technical support is included in the purchase price and is provided via video demos, WowzaBrain-Power Pages, Frequently-Asked Questions (FAQs), regular coach’s meetings, periodic webinars (web-based seminars), podcasts and, in special cases, via the email address info@WowzaBrain.com. Mosley-Wilber Learning will inform you via email before it provides you with technical Support for which a fee will be charged. Mosley-Wilber Learning may change the means through which it provides technical support at any time. Mosley-Wilber does not provide free software tutoring or customization, or support for any other accessories, including software, or any products purchased from third-party vendors.

9. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Products or Services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Mosley-Wilber Learning.

The parties to this Agreement each specifically consent to jurisdiction in the state of Colorado in connection with any dispute between the parties arising out of this Agreement or pertaining to the subject matter hereof.

10. Applicable Law; Not For Resale. This Agreement is made and shall be construed in accordance with the laws of the state of Colorado in courts located in the county of El Paso. Reasonable attorney’s fees shall be reimbursed by the losing party to the prevailing party in litigation. You agree and represent that you are buying the Products and Services for your own internal use, and not for resale, subject to the use restrictions identified in paragraph 4, Products.

11. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

12. Severability. If any provisions of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

13. Force Majeure. Mosley-Wilber shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or supplies, acts of God or of the public enemy, terrorism, United States or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.

Privacy and Online Data Collection Notice

Effective February 16, 2011

Table of Contents
1. Our Commitment to Privacy
2. The Information We Collect
3. How We Use the Information
4. Our Commitment to Data Security
5. Our Commitment to Children’s Privacy
6. How to Access or Correct Your Information
7. How to Contact Us

1. Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information maybe requested.

2. The Information We Collect

This notice applies to all information collected or submitted on the Mosley-Wilber Learning, LLC web site (http://WowzaBrain.com). On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

Parent's Name..........Required
Mailing Address.........Required
Child's Name.............Optional
Homeschooled?.........Required
Child's Age................Required
Child's Grade.............Optional
E-mail Address...........Required
Phone Number...........Required
NOTE:We do not see or store any credit card information. The credit card data go to our processing agency (PayPal) only.

3. How We Use the Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use the information you provide about someone else or your organization when placing an order only to e-ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our web site if you would like to receive updates on our new products and services. Information you submit on our web site will not be used for this purpose unless you fill out the registration form.

We use non-identifying and aggregate information (such as your child's age) to improve the services we offer. We use your child's name (if you choose to provide it) only during reading check-ups with your child and when consulting with you about how to use our program to the greatest possible effect,

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

4. Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

5. Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we only collect and maintain personal information at our web site with the permission of the parent. No part of our web site is structured to attract anyone under 13 years-of-age as a buyer. We ask the adult purchaser for information about himself or herself, and about his or her minor only for the reasons specified in paragraph 3 above. We will not distribute any personal information that we collect and store to any entity outside our company except at the official behest of U.S. law enforcement agencies with proper jurisdiction. Members may request removal of their personal data at any time.

6. How to Access or Correct Your Information

To protect your privacy and security, we will also take reasonable steps to verify your identify before granting access or making corrections.

You can access all your personally identifiable information that we collect and maintain online by using your unique username and password. Simply log in, return to the Login page, and click "My Account" in the purple border near the top of the page. You can correct factual errors in your personally identifiable information there. We use this procedure to better safeguard your information.

7. How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at (719) 216-2170 or send us an e-mail info@WowzaBrain.com.

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