Lastinger Learning (“lastingerlearning.com”) website and applications (web, mobile or others) (the “Services”), and any information, data, text, graphics, music, sound, photographs, videos, messages, tags or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

We reserve the right to change or modify these Terms or any policy or guideline of the Services at any time. Any changes or modifications will be effective immediately upon posting of the revisions on our website and applications, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

The Content appearing on Lastinger Learning’s website or application could include technical, typographical, or photographic errors. Lastinger Learning will make corrections as we become aware, but we do not guarantee the absolute accuracy or completeness of the materials provided. Lastinger Learning is not responsible for the accuracy of content not officially published by the Lastinger Center. Lastinger Learning may make changes to the Content contained on its website or application at any time without notice. However, Lastinger Learning does not make any commitment to update the Content. Your use of the Content is at your sole risk and responsibility. 

Unless otherwise indicated, all Content on our site and application—including, but not limited to, our logo, designs, text, graphics, pictures, information, data, software, and the selection and arrangement thereof (collectively, “Site Materials”)—are proprietary property of Lastinger Learning, its licensors, or its users and are protected by copyright laws.

You are granted a limited, non-sub-licensable license to access and use the Services for your personal and noncommercial use only. This is a grant of a license, not a transfer of title, and under this license, you are not entitled to: 

• Resell or use the Site Materials for any commercial purpose or public display. 
• Modify or create derivative works of our site and the Site Materials. 
• Use data mining, robots, or similar data gathering or extraction methods. 
• Remove copyright or other proprietary notations from the materials. 
• Use the site for immoral purposes, religious purposes, or activities causing harm to any community. 
• Upload or transmit obscene, vulgar, or derogatory content. 

Any unauthorized use terminates the license granted and may violate applicable laws. Lastinger Learning reserves the right to revoke this license at its discretion.

You unequivocally agree, at your sole expense, to defend, indemnify, and hold us harmless from any claims, damages, payments, or liabilities arising out of: 

• Your use of our site, Site Materials, or Services. 
• Your conduct. 
• Your violation of these Terms or the rights of any third party. 
• Any User Content. 

However, indemnification obligations are subject to and limited by the sovereign immunity and limitations of liability set forth in Florida Statute, s. 768.28. 

Your access to and use of the Services or any Content is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Lastinger Learning disclaims any warranties, expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty regarding the accuracy, availability, security, or reliability of the Services. Lastinger Learning will not be liable for harm to your computer system, loss of data, or other harm resulting from your use of the Services.

To the fullest extent permitted by law, Lastinger Learning shall not be liable for: 

• Your inability to access or use Flamingo Services. 
• Conduct or content of third parties on the Services. 
• Unauthorized access or alteration of your transmissions. 
• Any direct, indirect, incidental, or punitive damages resulting from the use of the Services. 

Lastinger Learning is not responsible for the content of linked websites or applications. Use of third-party links is at the user’s own risk. We recommend reviewing the Terms of Service for such linked websites. 

These Terms and any actions related thereto will be governed by the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Disputes will be subject to the jurisdiction of the United States District Court for the Northern District of Florida or state courts for Alachua County, Florida. If this document applies internationally, disputes outside the jurisdiction of Florida shall be resolved under international arbitration rules. 

Users are entirely responsible for Content they upload, post, or transmit. You agree not to: 

• Upload unlawful, harmful, defamatory, or otherwise objectionable content. 
• Impersonate any person or misrepresent your affiliation. 
• Upload material infringing intellectual property rights. 
• Transmit software viruses or harmful code. 
• Engage in unauthorized solicitation or advertising. 
• Harass or harm other users.

Learners are authenticated through secure login credentials and system controls, and each learner is assigned a unique system identifier to ensure that the individual who registers for and participates in learning activities is the same individual who receives credit. System activity such as logins, course access, and completion status may be recorded for verification and audit purposes. 

Sensitive fields are encrypted using rotating keys. Security group rules are reviewed and enforced programmatically to ensure data protection. Users are responsible for safeguarding their login credentials and complying with system security requirements. 

Access to learner records is restricted to authorized personnel and approved program partners with legitimate business needs. Learner records may be shared with authorized organizations involved in program delivery or compliance and will otherwise be released only to the learner or authorized third parties with appropriate consent and identity verification. 

Records are retained for a minimum of seven (7) years and may be made available to learners upon verified request in accordance with applicable laws and institutional policies. 

Access to Lastinger Learning’s Content is provided on an equal-opportunity basis. Lastinger Learning does not engage in discrimination or provide preferential treatment on the basis of any protected characteristic under Florida or federal law. Our mission is to provide high-quality educational resources based on individual merit and professional need, ensuring that all users have an equal opportunity to benefit from our programs without fear of discrimination or bias. 

All personnel must disclose proprietary interests in any products or services discussed. Proprietary content remains the property of its original owner, and branding must be reviewed and approved by the Lastinger Center for Learning.

If you have any questions regarding these Terms, please email us at support@lastingerlearning.com with the subject “Terms & Conditions.”