TERMS OF USE
Last Modified: May 1, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Learnscape Design, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms"), govern your access to and use of https://learnscapedesignllc.com/ (the "Website"), including any content, functionality, and services offered on or through the Website (“Company Materials”). The Terms also govern your access to certain content made available to you for a fee (“Paid Content”), or on an evaluation basis (“Trial Content” and collectively with Paid Content, “Company Content”), by an authorized third party (“Provider”) as a guest or a registered user of their online portal (“Provider Site”).
Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or any Company Materials or Company Content.
If you are acquiring access to Company Content, you agree that you will be subject to the Terms of Service and Privacy Policy of such Provider Site as may be updated from time to time and that the Company is not a party to these terms or any other agreement between You and a Provider.
The Website, Company Materials and Company Content are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website or acquiring access to Company Content, you represent and warrant that you meet all of the foregoing eligibility requirements.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Provider Site
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website or a Provider Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Provider Site is unavailable at any time or for any period. From time to time, we may restrict access to the Website or parts of the Provider Site, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website and Provider Site.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or a Provider Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Company materials accessible through a Provider Site, that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Website or Provider Site, including, but not limited to, through the use of any interactive features on the Website or Provider Site, is governed by our Privacy Policy and any applicable Provider Privacy Policy, and you consent to all actions we take with respect to your information consistent therewith.
If you choose, or are provided with, a username, password, or any other piece of information as part of our or a Provider’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of the Provider Site containing Company materials, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website, the Company Materials, and the Company Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website and Company Materials for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Materials or Company Content, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any Company Materials or Company Content.
Use any illustrations, photographs, video or audio sequences, or any graphics contained in the Company Materials or Company Products.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Company Products or Company Materials.
You must not access or use for any commercial purposes any part of the Company Materials or Company Content.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company Materials or Company Content in breach of the Terms, your right to use such materials will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Company Content or Company Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, Company Materials or Company Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Additional Limitations on Use of Company Content
Subject to your compliance with these Terms, Company grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Company Content solely for your personal, non-commercial use. Company may discontinue your access to Company Content at any time, for any reason or no reason, without notice to you. Company Content is provided on an “AS IS” and “AS AVAILABLE” basis.
Any Trial Content is provided solely to facilitate your evaluation of the Company Content and to make a determination as to whether or not to purchase such Paid Content or to enter into another agreement with Company for use of such content by an entity you represent.
Trademarks
The Company name, the term Learnscape, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website or Provider Site are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that violates these Terms, including the Content Standards set forth below.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Copyright Infringement and Copyright Agent
Company will, in circumstances it deems appropriate, terminate a User Contributions, Company Materials or Company Content, if such items are claimed to infringe the intellectual property rights of a third party.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website or in connection with Company Content, please provide notice to the Company Copyright Agent and include the following information (“Notice”):
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
A description of where the material that you claim is infringing is located on a Company Site.
Information sufficient to permit Company to contact you, such as your physical address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By email: learnscapedesignllc@gmail.com
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A COMPANY SITE OR IN COMPANY CONTENT. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
Reliance on Information and Content
The Company Materials and Company Content are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website and any Provider Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website of Provider Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website or a Provider Site to access Company Content, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website or a Provider Site.
Send emails or other communications including, or provide links to, Company Materials or Company Content.
Cause limited portions of Company Materials or Company Content to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any Company Materials or Company Content accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website or any Provider Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR A PROVIDER SITE, OR ITEMS OBTAINED THROUGH THE WEBSITE OR PROVIDER SITE, OR TO YOUR DOWNLOADING OF ANY COMPANY MATERIAL, COMPANY CONTENT OR FILES ACCESSED FROM ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE COMPANY MATERIALS AND COMPANY CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE COMPANY MATERIALS OR THE COMPANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE COMPANY MATERIALS OR COMPANY CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR PROVIDER SITE, OR ANY SERVICES OR ITEMS OBTAINED THEREFROM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PROVIDER SITE, OR ANY SITE LINKED TO, OR ANY COMPANY MATERIALS, COMPANY CONTENT, OR OTHER MATERIALS ACCESSIBLE AT ANY OF THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or a Provider’s Terms of Service, or your use of the Website or a Provider Site, the Client Materials or Client Content other than as expressly authorized in these Terms or a Provider Terms, as applicable, or your use of any information or materials obtained from the Company.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Website or your purchase or use of or access to the Client Content, shall be instituted exclusively in the federal courts of the United States located in Boston, Massachusetts, or the courts of Commonwealth of Massachusetts in Middlesex County. Notwithstanding the foregoing, Company may seek injunctive relief in any court of competent jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE CUSTOMER MATERIALS AND CUSTOMER CONTENT, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Learnscape Design, LLC, regarding the Website, the Company Materials and Company Content, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect thereto. There are no third party beneficiaries of these Terms.
Your Comments and Concerns
This website is operated by Learnscape Design, LLC, Maynard, MA 01754, USA. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth above. All other feedback, comments, and other communications relating to the Website should be directed to: learnscapedesignllc@gmail.com
Refund Policy
There are no refunds on course content.