FIRST LADY PERMANENTE TERMS OF SERVICE AGREEMENT
These Terms of Service were revised on December 1, 2015. Your continued use of the First Lady Permanente website means you agree to these revised terms.
FIRST LADY PERMANENTE IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
1.0 TERMS AND CONDITIONS
Welcome to the First Lady Permanente, LLC Web Site
("Site"). Please review the following basic terms that govern your
use of and purchase of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by the terms (the
"Agreement"). First Lady Permanente, LLC recommends that children use
the internet under adult supervision.
We may change the
terms that govern your use of our Site. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the terms as
changed. We may change, move or delete portions of, or may add to our Site from
time to time.
2.0 FEES AND PAYMENT
A. Fees. In consideration of the Services, Customer will pay to First Lady Permanente all fees due according to the prices and terms listed on the website. All sales are final and First Lady Permanente offers no partial or full refunds of any kind on any purchase. First Lady Permanente expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modificaitons in prices and fees shall be effective when the Services in question come up for renewal. First Lady Permanente may, at its sole option, extend payment terms to you. Should First Lady Permanete extend payment terms, you agree that your obligation to pay First Lady Permanente for the Services ordered begins on the date of purchase and does not end until paid in full, even if the Services are abandones, suspended, termindated or transferred prior to such time.
B. Payment. Unless otherwise agreed to in writing by First Lady Permanente, all non-refundable payments are due upon signup, the services will not begin until payment is received. Failure to dispute a charge within 48 hours following such charge shall constitute Customer's agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge. All customer disputes are only accepted for review by email, customer must email dispute to firstname.lastname@example.org immediately. If the dispute is accepted by our disputes department and a refund is granted back to the customers original form of payment, a $25.00 fee will be automatically deducted. [Note: Keycodes that have been issued are non-refundable, as these can not be reused]. If a payment is returned or rejected by First Lady Permanente's bank, or incurs additional cost for First Lady Permanente (e.g., bank fees) for any reason, then Customer may be charged a service fee of $40.00 and be required to reimburse all such fees and costs incurred by First Lady Permanente, and Customer shall be immediately deemed to be in default of this Agreement. Accounts and all amounts permitted by law, whichever is greater, until fully paid. If Customer defaults, customer agrees to pay First Lady Permanente its reasonable expense, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights. NOTE- SAME DAY PAYMENT IS NOT ACCEPTED UNLESS AGREED UPON BY THE ADMINISTRATOR OF FIRST LADY PERMANENTE.
C. Customer Responsibility. Customer is fully responsible to ensure he or she is signing up for the correct service. Customer understands that all fees paid to secure a service is non-refundable. Customer takes full responsibility to ensure he or she is prepared for the course by completing all required precourse work (e.g., pre-tests, pre-course modules, etc). If a student does not prepare for the course they understand their chances of passing the course could be at risk.
D. Billing Policies. Unless otherwise agreed to in writing by First Lady Permanente, we offer billing via credit card, debit charge and cash only- no personal checks. All initial fees must be paid prior to service setup and are non-refundable.
E. Service Cancellation. Customers of First Lady Permanente understand that if they cancel as service they will forfeit their spot in the course and will not be refunded. However, if First Lady Permanente cancels a course the students will be refunded payment in full. Customers that have an emergency and unable to attend a course must notify First Lady Permanente by emailing email@example.com with a doctors note (pdf format). Doctors note must indicate how the student was unable to attend course "date" due to illness; once approved by our disputes department the student will be given the opportunity to transfer course to a alternative date at no fee.
F. Service Ownership Transfer. Customers that no longer need a course and not eligible to get a full refund, have the right to sell their spot to another person. Customer is responsible to get their own customer replacement for their course they are unable to attend. First and Last name must be emailed to firstname.lastname@example.org
G. Course Participation Books. Books are required by each student in courses offered at First Lady Permanente. Students have the choice to bring in their own book as long as its the current edition the Instructor is using. Sharing a book with another student in class is not allowed. E-books are acceptable, however students with E-book access will be given a "FLP Loaner Book" to be used in classes to replace their E-book, as our classrooms are a no cell phone zone due to materials that can not be photographed.
H. Taxes. All fees charge by First Lady Permanente for the Services are exclusive of all taxes.
I. Right to Refuse Service. First Lady Permanente has the right to refuse service to any customer for no reason.
3.0. SCHOOL POLICIES AND DISCLOSURES
A. Quality Control Policy. To ensure quality control of the curriculum and professional teaching methods all classrooms are monitored for quality assurance. The board at First Lady Permanente review the recordings on a periodic basis. All students and teachers are responsible to maintain a professional environment in the classroom and on First Lady Permanente campuses.
B. Theft. First Lady Permanente is not responsible for any theft on campus or in the parking lot. Student and teachers are required to maintain their own personal property and and safe guard from being stolen or damaged.
C. No Smoking. First Lady Permanente is a "no smoking campus", students are not allowed to smoke withing 50 feet of the buildings due to the buildings fire code protection requirements.
D. Cheating Policy. First Lady Permanente does not allow cheating on tests or quizzes. A student that cheats will be given a warning, the second occurance will result in dismissal and retaking the course.
E. No Cell Phone Policy. Due to the materials in our courses that are trademarked, and copying is permitted. All cellphone use must be conducted in the hallways or outside during breaks. If students are texting or using their cellphones in the classrooms they will be notified a warning to put cellphone away. A second warning will result in a dismissal in class, if a retake is granted student would be transferred to a different date otherwise transfer fees may apply.
F. Dress Code. All customers of First Lady Permanente are required to dress in a professional manner, no low cut shirts, short shorts, t-shirts with innappropriate slogans, and any other sort of clothing that is unprofessional. Student will be asked to reschedule to a different course date and fees may apply depending on the circumstances.
G. Drug free campus. Illegal drugs and alcohol is not allowed on campus. If a student shows signs of use of alcohol or drugs they will not be allowed to participate in class. A transfer fee will be applied to change a course date.
noted, all materials, including images, illustrations, designs, icons,
photographs, video clips, and written and other materials that appear as part
of this Site (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled or
licensed by First Lady Permanente, LLC collectively and/or its subsidiaries and
affiliates ("First Lady Permanente"). The Site as a whole is
protected by copyright and trade dress. All worldwide rights, title and
interests are reserved. The Contents of our site, and the Site as a whole, are
intended solely for personal, non-commercial (other than for the purchase of
merchandise from our site) use by the users of our Site. You may download or
copy the Contents and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any of the
Contents, the Site, or any related software.
Comments, Feedback, and other Submissions
We welcome your
feedback on the Site. All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to First Lady Permanente,
LLC on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, "Comments")
shall be and remain First Lady Permanente’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to First
Lady Permanente, LLC of all worldwide rights, title and interests in all
copyrights and other intellectual property in the Comments. First Lady
Permanente, LLC will own exclusively all such rights, titles, and interests and
shall not be limited in any way in its use, commercial or otherwise, of any
Comments. First Lady Permanente, LLC is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay any compensation for any
Comments; or (3) to respond to any user Comments. You represent that no
Comments submitted by you to the Site will violate any right of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s). You further represent that no Comments submitted by you to the Site
will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you
Availability & Pricing
Most First Lady
Permanente, LLC products displayed at the Site are available through firstladypermanente.com
and in some cases may be purchased in our office.
In the event a product
is listed at an incorrect price due to typographical error or error in pricing
information received from our suppliers, First Lady Permanente, LLC shall have
the right to refuse or cancel any orders placed for the product listed at the
incorrect price. First Lady Permanente, 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, First Lady Permanente, LLC shall
immediately issue a credit to your credit card account in the amount of the
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. However, as the actual colors you see
will depend on your computer monitor, we cannot guarantee that your monitor's
display of any color or texture or detail of actual merchandise will be
If you have questions about how to make a tax free purchase, please contact
Customer Service at 1-209-250-1200.
to Other Web Sites and Services
To the extent that
this Site contains links to outside services and resources, the availability
and content of which First Lady Permanente, LLC does not control, any concerns
regarding any such service or resource, or any link thereto, should be directed
to the particular outside service or resource. First Lady Permanente, LLC makes
no representation or warranty that any web site links contain suitable,
TO THE EXTENT
PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR
USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND
THAT, TO THE EXTENT PERMITTED BY LAW, FIRST LADY PERMANENTE, LLC SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold First Lady Permanente, LLC harmless
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site or any claim
by a third party that your Comments infringe the third party's rights.
specified and except to the extent First Lady Permanente, LLC products are
offered for sale in the United States and select foreign markets through this
Site, this Site and the Contents thereof are displayed solely for the purpose
of promoting First Lady Permanente, LLC products and services available in the
United States and select foreign markets. This Site is controlled and operated
by First Lady Permanente, LLC from its office in Turlock, California.
This Agreement shall
be construed in accordance with the laws of the State of California, without
regard to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and federal courts of the
State of California, County of Stanislaus.
First Lady Permanente,
LLC may terminate this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in First Lady
Permanente’s you fail to comply with any term or provision of this Agreement.