Rosie Knows

MODIFICATIONS OF THESE TERMS OF USE.ROSIE KNOWS LLC RESERVES THE RIGHT TO MODIFY THE TERMS, CONDITIONS AND NOTICES UNDER WHICH THE WEBSITE ARE OFFERED, INCLUDING BUT NOT LIMITED TO THE CHARGES ASSOCIATED WITH MEMBERSHIP AND THE TERMS AND CONDITIONS OF MEMBERSHIP, AT ANY TIME AND FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS.

1. Contact Information

Address
Rosie Knows LLC
1613 Monterey Dr.
Glenview, IL 60026

Member Services
Visit: http://www.rosieknows.com

2. Definitions.

• “rosieknows.com,” “Website,” or “Site” refers to the websites maintained on the World Wide Web by Rosie Knows LLC, available at http://www.rosieknows.com.

• “Online Learning Center” means the subscription-based curriculum and database of multimedia works that is available through rosieknows.com.

• “User” refers to any party who Accesses the Site.

• “Subscriber” or “Member” refers to any party who Accesses the Online Learning Center.

• “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site or the Online Learning Center.

• “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modification.

• “You” or “Your” refers to the User.

3. Acceptance of Terms.

Please carefully read the following Terms (including all disclaimers) before Accessing the Site and Online Learning Center. By Accessing the Site (including the Online Learning Center) via the World Wide Web or any other medium, User accepts and agrees to all terms of use, covenants and conditions imposed in this Agreement.

To continue to provide you with world-class service and the highest quality computer-based-training, Rosie Knows LLC is continually updating its products and the Site. For these reasons, it may be necessary for Rosie Knows LLC to update or revise certain provisions of the Conditions of Use Agreement, its license agreements or its Privacy Policy. By your acceptance of this Conditions of Use Agreement, or by your continued use of the Site, you agree that Rosie Knows LLC may change the terms of this Conditions of Use Agreement without prior notice to you, and that the terms of use of the then-current Conditions of Use Agreement will govern your rights and obligations of your use of the Site. You also agree that Rosie Knows LLC may at any time revise, edit or delete training lessons in their entirety. Rosie Knows LLC reserves the right to modify these Terms at any time without notice to User. Except as otherwise stated herein, any change in these Terms is effective immediately upon User's receipt of notice from Rosie Knows LLC. Notice can be given through e-mail, posting on the Site or any other means by which User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.

User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, telephone or other equipment.

4. Authorized Use.

Rosie Knows LLC hereby grants to You a non-exclusive, non-transferable license to Access the content and information available at the Online Learning Center according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to these Terms.

5. Access to the Online Learning Center

Rosie Knows LLC strives to provide the highest quality content to its Subscribers. To that end, Rosie Knows LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site or the Online Learning Center, including, without limitation, the content, availability, Access and/or the Terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

6. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":

1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Rosie Knows LLC's computers, servers or databases.

2. Engage in any action that Rosie Knows LLC determines is detrimental to others' use and enjoyment of the Site.

3. Capture, download, save, upload, or otherwise retain information and content available on the Site or Online Learning Center other than what is expressly allowed by these Terms.

4. Permit or provide others Access to the Online Learning Center using Your username or password or otherwise.

5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

7. Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content.

8. Violate or attempt to violate Rosie Knows LLC's security mechanisms, Access any data or server You are not authorized to Access; or otherwise breach the security of the Site or corrupt the Site in any way.

9. Engage in any other conduct which violates the Copyright Act or other laws of the United States.

10. Use any device or other means to harvest information about other Users.

11. Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights.

12. Misrepresent Your identity or personal information when Accessing the Site or the Online Learning Center.

13. Post obscene, defamatory or illegal material on the Site or the Online Learning Center.

14. Post any form of advertisement on the Site, in the Members’ Forum or the Online Learning Center.

In order to ensure that Users of the Site do not engage in Prohibited Conduct, Rosie Knows LLC reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Online Learning Center to any person or entity whose use of the Online Learning Center suggests Prohibited Conduct. Access of the materials available at the Online Learning Center beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Online Learning Center and will result in revocation or denial of Access to the Online Learning Center. The terms "normal patterns" and "abuse" shall be determined solely by Rosie Knows LLC.

7. Warranties.

Rosie Knows LLC warrants that the software that allows Users to Access the Online Learning Center ("Software"), if operated as directed, will substantially achieve the functionality described. ROSIE KNOWS LLC DOES NOT WARRANT, HOWEVER THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE.

ALTHOUGH ROSIE KNOWS LLC HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

8. Disclaimer and Limitation of Liability.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), WHETHER EXPRESSED OR IMPLIED, AND ANY AND . TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROSIE KNOWS LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY , EXPRESS OR IMPLIES (EXCEPT AS SET FORTH IN SECTION 8) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR , NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED., FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ROSIE KNOWS LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROSIE KNOWS LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE, INCLUDING THE ONLINE LEARNING CENTER, IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. ROSIE KNOWS LLC DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE, SITE OR THE ONLINE LEARNING CENTER. ROSIE KNOWS LLC DOES NOT WARRANT THAT THE INFORMATION ON THE SITE OR THE ONLINE LEARNING CENTER IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ROSIE KNOWS LLC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT ROSIE KNOWS LLC RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE ONLINE LEARNING CENTER, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ROSIE KNOWS LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ROSIE KNOWS LLC RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE ONLINE LEARNING CENTER, EVEN IF ROSIE KNOWS LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ROSIE KNOWS LLC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ROSIE KNOWS LLC IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF ROSIE KNOWS LLC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

9. Third Party Content.

Many of the Web Site(s) contain links that will let you leave the Site. The linked sites are not under the control of Rosie Knows LLC, and you acknowledge that Rosie Knows LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Rosie Knows LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rosie Knows LLC of the site.

Rosie Knows LLC may contain links and references to other third party websites and materials. Rosie Knows LLC does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Rosie Knows LLC does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Rosie Knows LLC reserves the right to terminate any link or remove any reference found on the Site at any time.

ROSIE KNOWS LLC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ROSIE KNOWS LLC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

10. Copyrights and Trademarks and other Proprietary Rights.

Rosie Knows LLC or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Rosie Knows LLC Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Online Learning Center may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Rosie Knows LLC, except as provided in these Terms.

If You post any material on the Site, You agree that you have publicly disclosed any intellectual property, idea, copyrightable material, invention or know-how posted and that You have granted Rosie Knows LLC a perpetual license to use, develop, copy and distribute such intellectual property, idea, copyrightable material, invention or know-how without any obligation, including the payment of royalties, or duty to You.

11. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Rosie Knows LLC and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User's Prohibited Conduct or other improper or illegal use of the Site.

12. Security.

Users are prohibited from violating or attempting to violate the security of the Site. Rosie Knows LLC will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Online Learning Center. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. If You use the Site, You do so at Your own risk. You are responsible for maintaining the secrecy of Your login and password.

13. Termination of Agreement.

In addition to Rosie Knows LLC's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Rosie Knows LLC may also terminate Access to the Online Learning Center or cancel subscriptions to the Online Learning center without notice at any time, with or without cause, including if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Rosie Knows LLC deems inappropriate, for its convenience or for any other reason.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, and 18 shall survive.

15. Privacy Statements.

Rosie Knows LLC values Your trust. In order to honor that trust, all of Rosie Knows LLC's employees are required to adhere to high ethical standards in gathering, using, and safeguarding any information You provide. Personal information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information Rosie Knows LLC collects is: name, address, city, state, postal code, telephone number, and e-mail address. Rosie Knows LLC also stores financial information in its databases entered by Users, such as credit card numbers and related identification information. Rosie Knows LLC may transmit a customer's credit card data only to the appropriate credit card company and/or credit card payment processing company. Third parties who need access to Rosie Knows LLC User information in order to provide operational or other support services are required by Rosie Knows LLC to comply with our high standards of security.

Since Rosie Knows LLC's Privacy Policy may change, you should check the current Privacy Policy for the most current version. You expressly acknowledge and agree that Rosie Knows, or any of its subsidiaries, may contact you with information regarding Rosie Knows products and about additional products that Rosie Knows believes may be of interest to you.

If You would like to modify Your personal information, please log into Your account by clicking on the "Login" link on the Site. Once logged in, click on the "My Account" link and the "Edit My Account" link. You will be able to edit your personal information on the "Edit My Account" page.

The Site places "cookies" on Your computer's hard drive through Your web browsers. Cookies allow the Site to recognize Your computer when You Access the Site. If You would like to prevent the placement of cookies on Your computer, or remove cookies from Your computer, please access the "Help" portion of Your browser or contact Your browser provider. Please be advised that if You block or remove cookies from Your computer, You may not have Access to all portions of the Site or cause the Site not to recognize Your computer.

The Site is intended for use by adults. Rosie Knows LLC does not knowingly collect or publish any information personally identifying any child under age 13. Children under age 13 should not Access the Site and should not post any information personally identifying themselves on the Site.

15. Typographical Errors.

In the event a Rosie Knows LLC product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Rosie Knows LLC shall have the right to refuse or cancel any orders placed for product or services listed at the incorrect price. Rosie Knows LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and your order is cancelled, Rosie Knows LLC shall issue a credit to Your credit card account in the amount of the incorrect price.

16. User Participation.

Rosie Knows LLC does not and cannot review all communications and materials posted to or created by users Accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user generated content on the Website, Rosie Knows LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Rosie Knows LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Rosie Knows LLC at its sole discretion.

17. Miscellaneous.

These Terms constitute the entire agreement between Rosie Knows LLC and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Rosie Knows LLC and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms shall continue in full force and effect. Upon User's breach or threatened breach of these Terms, Rosie Knows LLC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Rosie Knows LLC's remedies are cumulative and not exclusive. Failure of Rosie Knows LLC to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site or the Online Learning Center, User signs and accepts this shortening of the statutes of limitations. Rosie Knows LLC makes no representation that the content of the Site is appropriate or available for use in all locations. Rosie Knows LLC operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.

18. GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms and any claim or action related to or arising from these Terms shall be governed by Illinois law, without regard to any conflict of law principles. All disputes brought by You against Rosie Knows LLC shall be finally resolved through binding arbitration in Cook County Illinois. The arbitration shall be conducted by a single arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. You consent to the exclusive jurisdiction and venue of the Circuit Court of Cook County, Illinois, for any claim or action related to or arising from these this agreement, not otherwise covered in the preceding paragraph. You agree that the sole jurisdiction and venue for any litigation arising from your use of the rosieknows.com Site shall be a federal court within the Northern District of Illinois, Eastern Division, or state court located within Cook County, Illinois.

19. SYSTEM REQUIREMENTS

Rosie Knows LLC and its Online Learning Center have been tested and approved for use with Windows XP or higher operating systems. In order to access and use the Site, you are required to have a 300 megahertz or higher processor (166 MHz--266 MHz minimum supported; may limit performance). The type of processor must be in the Intel Pentium/Celeron family or in the AMD K6/Athlon family. Memory must be 256 MB of RAM or higher (128 MB minimum supported; may limit performance). Computer video system should be able to display 1024 x 768 pixels or better and have a sound card with speakers or headset.

Access to Rosie Knows LLC Sites require that you have Internet Explorer 6.0 or greater and that your browser have the Adobe Flash player version 9.0 or higher installed. Your browser must support cookies and have them enabled to use these sites. You must have JavaScript enabled in your browser. Rosie Knows LLC Sites use pop-up windows. Make sure that you turn off any pop-up blockers that are running in your browser.