1. Representation and Warranties
1.1 Eligibility
Envision’s College Success Program is available to blind, low vision, and visually impaired students who are pursuing or will be pursuing an undergraduate or graduate degree at a higher education institution. You hereby certify that you are an Eligible Person who is blind, low vision, or visually impaired, as defined in section 1.2 Blind, Low Vision or Visually Impaired below and have been identified as such by a professional with the authority to determine whether an individual is blind, low vision, or visually impaired.
1.2 Blind, Low Vision or Visually Impaired
Persons who are blind, whose visual acuity is 20/200 or less in the better eye with correcting glasses, or whose wide diameter of visual field subtends an angular distance no greater than 20 degrees. A person with a visual impairment has a visual deficit with correction that prevents or inhibits him/her from reading standard printed material.
1.3 Remedy and Warranty Waiver
Except as expressly provided in these Terms of Service, Envision makes no warranty of any kind, expressed or implied, including without limitation, warranties of merchantability or fitness for a particular purpose. Envision shall not be liable for any lost profits or special, direct, indirect, or consequential damages. You hereby agree to defend and hold Envision harmless from any and all claims that might arise from your use of materials furnished by Envision if said use is outside the scope of the license provided in these Terms of Service or your Membership Forms.
1.4 Impossibility of Performance
Envision shall not be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, government restrictions, war, insurrections, strikes, fires, floods, work stoppages and/or lack of materials.
2. Proprietary Property, Disclaimer and Limited License
2.1 Proprietary Property
All material appearing on the Envision’s College Success Program website is the proprietary property of Envision, Inc. or the party credited as the provider of the content. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, sell or offer it for sale, or use such content to construct any kind of database. You may not alter or remove any notice from copies of the content on Envision’s College Success Program website. Copying or storing any content except as provided above is expressly prohibited without prior written permission of Envision, Inc. For permission to use the content on the Envision’s College Success Program website, please contact csp@envisionus.com.
2.2 Disclaimer
The content contained in Envision’s College Success Program website is provided only for educational and informational purposes. Envision, Inc. attempts to ensure that content is accurate and obtained from reliable sources but does not represent it to be error-free. Envision, Inc. does not warrant that any functions on its website will be uninterrupted, that defects will be corrected, or that the website will be free from viruses or other harmful components. Any links to third party information on Envision’s College Success Program website are provided as a courtesy and do not constitute an endorsement of those materials or the third party providing them.
2.3 Learning Ally Audiobooks Protected by Copyright Law
The contents of all Learning Ally audiobooks and materials available through Envision’s College Success Program are protected under U.S. Copyright Law. Learning Ally strictly regulates the distribution of materials only to Eligible Persons. “Eligible Persons” are those persons who have a reading deficit as determined by an educator or other professional who has experience determining whether a student has a reading deficit, blindness, a visual impairment, physical disability in accordance with the Marrakesh Treaty Implementation Act (Pub. L. 115-261), and other applicable copyright laws, which may include persons having a reading deficit, such as dyslexia, visual impairment, or other physical disability that limits the ability to effectively read standard print. Copying, sharing, or redistributing Learning Ally books or materials in any form to any other person is strictly prohibited by law and may be a violation and infringement of publishers’ right and the terms of your membership. Violators face a permanent suspension of Learning Ally membership benefits and possible civil or criminal penalties.
2.4 Limited License
Envision grants you a non-transferable, non-exclusive, limited license to use materials supplied to you through the College Success Program. Eligible Persons, in accordance with these Terms of Service, will be provided access and use of services supplied to you by Envision. You hereby agree and acknowledge, under penalty of perjury (see 18 U.S.C. § 1001 et seq.), that you understand these Terms of Service and agree to all terms and conditions of your Envision membership including all terms and conditions of your Membership Forms and these Terms of Service. You agree not to copy, share or redistribute Envision materials in any form, to any person other than Eligible Persons, and you understand that to do so may result in permanent suspension of Envision membership benefits and possible civil or criminal penalties (see 17 U.S.C. §§ 501 et seq., 1201 et seq.; 18 U.S.C. § 2319).
2.5 Limited Access
Your membership permits access to the Service only by you. Access to the Services through your account by anyone other than you is prohibited. You agree to maintain as confidential and not disclose login credentials to any other person. You are responsible for all usage or activity on your account, including the use of your account by any third party, whether or not authorized by you. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership. You shall notify Envision promptly if you become aware of any unauthorized use of your account.
2.6 Unlawful Use Prohibited
You agree not to use the Services for unlawful purpose. Envision reserves the right to terminate your membership or restrict your access to the Services if your use of the Services is found to violate the law, regulation, or ruling; infringe upon another person’s rights including the copyrights of publishers; or violate these Terms of Service.
3. Part of Membership Forms
3.1 Scope
This Terms of Service Agreement (“Terms of Service”) is a part of and supplements the terms and conditions of your College Success Program Membership, and any/all other signed agreements or forms agreed to in initializing your Membership (“Membership Forms”), the entire contents of which are incorporated by reference herein, and forms a binding agreement between you and Envision, Inc. These Terms of Service govern the terms of access and use of all Envision products and services, including the Envision’s College Success Program website.
3.2 Conflicts
If any of these Terms of Service are in conflict with a term or condition of your Membership Forms, or if these Terms of Service are silent on a term or condition that is in your Membership Forms, then the applicable term or condition from your Membership Forms, shall take precedent.
3.3 Updates
Envision, Inc. may revise or update these Terms of Service from time to time by notifying you of the change in writing or electronically, including without limitation, by email or by posting a notice in connection with the Services that these Terms of Service have been revised or updated. Any revisions or updates to these Terms of Service shall become effective upon renewal of your membership or execution of new Membership Forms, such that the most current version of these Terms of Service shall apply at the time you effectuate renewal or execute any Membership Forms. It is your responsibility to review these Terms of Service prior to renewing your membership or executing a new Membership Form and to ensure that you comply with these Terms of Service each time you access the Services.
4. Term and Termination; Cancelation and Refunds
4.1 Effective Date and Term
Your membership is valid as of your registration date and is provided as long as you are working on your undergraduate or graduate degree(s). Membership is dependent upon you updating your membership profile each calendar year or upon request by Envision. Your membership may be renewed for subsequent terms by executing a new Membership Proposal, or updating your portfolio annually, prior to expiration of the current Term. These Terms of Service are effective immediately upon execution of your registration in Envision’s College Success Program and upon any renewal of your membership (“Effective Date”).
4.2 Learning Ally Audiobook Membership Effective Date and Term
Envision, Inc. and Learning Ally have entered into a contractual agreement whereas your Learning Ally Audiobook Membership and access to Learning Ally’s Audiobook Library is valid as of your registration date and extends to November 1, 2023.
4.3 Termination
Your membership and these Terms of Service may be terminated, without notice, if, in Envision’s sole discretion, you fail to comply with any term or condition of your Membership Forms or these Terms of Service. Upon termination you must return or immediately destroy all materials furnished by Envision.
4.4 Cancellation and Refunds
You may cancel your Envision’s College Success Program membership at any time by contacting us at 316-440-1500 or csp@envisionus.com. Upon cancellation, you will no longer have access to any of the Services. Access to the Learning Ally Audiobook Library is considered a separate membership from your Envision’s College Success Program membership. You may cancel your Learning Ally membership by contacting Member Services at 1-800-221-4792 or customercare@learningally.org and, you must immediately return or destroy all Learning Ally audiobooks and materials in your possession.
4.5 Return of Materials
You shall promptly delete all Envision materials from devices that are in the possession of you upon termination of your membership for any reason, including but not limited to termination by Envision, cancellation by you, or your choice to not renew your membership upon expiration of a Term.
5. Miscellaneous
5.1 Severability
Should any part or provision of these Terms of Service be held enforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts of provisions shall not be affected by such holding.
5.2 Limitation of Effect of Waiver
A waiver of any breach of any provision of these Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Service.
5.3 Entire Agreement; Modifications to be in Writing
These Terms of Service together with your Membership Forms constitute the entire Agreement and understanding between you and Envision and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms of Service and your Membership Forms. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by an authorized representative of Envision.
5.4 No Assignment
Neither your Membership Forms, these Terms of Service, your Membership, nor any interest in the foregoing may be assigned, in whole or in part, by you without prior written consent of Envision.
5.5 Governing Law and Dispute Resolution
The validity and interpretation of these Terms of Service shall be governed by the laws of the State of Kansas. The Federal or State Courts located in the State of Kansas shall have jurisdiction to hear any dispute arising under or related to these Terms of Service, and you agree to submit to the jurisdiction of such Courts.
5.6 General Assurances
The parties hereto agree to execute, acknowledge, and deliver all such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the intent and purposes of the Membership Forms and these Terms of Service.
5.7 Gender
As used herein, each of the masculine, feminine or neuter genders shall include the other genders, the singular shall include the plural, and the plural shall include the singular, whenever appropriate in the context.
5.8 Captions
Section titles or captions contained in these Terms of Service are inserted only as a matter of convenience and as reference and in no way define, limit, extend or describe the scope of these Terms of Service or the intent of any of the provisions hereof.
5.9 Notices
Notices required under these Terms of Service or your Membership Forms shall be in writing and shall for all purposes be deemed to be fully given and received if sent by registered or certified mail, postage prepaid, to the respective parties at the addresses found in your Membership Forms, or if sent by other written means if receipt is confirmed or acknowledged by the party to whom the notice was sent.