This web page represents a legal document and is the Terms of Service (Agreement) for our Website, learnapolis.com, as owned and operated by Learnapolis, Inc. (Learnapolis). It was last updated on July 24, 2014. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us” or “we” or “our” refers to Learnapolis, the owner of this Website.
A “Visitor” is someone who merely browses our Website.
A “Member” is a business or individual that has merely registered with our Website.
A “Learner” is a type of Member that has registered with our Website to use our Service.
A “User” is a collective identifier that refers to either a Visitor or a Member.
A “Course” is an educational program, whether in textual or multimedia format, designed by Learnapolis for a specific educational topic and delivered to Members through our Service.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our “Content”. We may refer to Content provided by our Users as “User Content.” When we refer to our Website/Service, our Content and Courses are included by reference.
Understanding Our Service
Learnapolis provides a service (Service) through which Members can receive education on a variety of topics through the use of Courses. Our Terms of Service relates to your legal rights to privacy while using our Website/Service.
Acceptance of Agreement
This Agreement is between you and Learnapolis and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and Learnapolis, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and the subject matter contained herein. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website/Service.
Learnapolis grants you a non-exclusive, non-transferable, revocable license to access and use our Website/Service strictly in accordance with this Agreement. Your use of our Website/Service is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website/Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Our Relationship to You
Learnapolis relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Learnapolis.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. Our Service is intended solely for people at least age 13 years of age or older. If you are under the age of 18 or older, depending on your state’s age of majority for entering into binding contracts, you will need your parent’s permission. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Service. By using our Service, you represent and warrant that you are at least 18 or older or have your parent’s permission, can enter into binding contracts, and that you agree to and to abide by all of the terms and conditions of this Agreement. Learnapolis has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Learnapolis cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Professional Advice Disclaimer
You hereby acknowledge that nothing contained in our Website/Service shall constitute professional advice and that no professional relationship of any kind is created between you and Learnapolis or our Members. Learnapolis makes no guarantees with regard to the Courses, to their accuracy or use for a specific purpose, and to their effect on you, your business opportunities, your employment, or your income. You agree that your use of our Website/Service is solely your responsibility and that Learnapolis has no liability for your use, actions, or reliance upon our Website/Service.
Free Trial Accounts
Learnapolis may offer Free Trial accounts where you can use our Service free of charge for a specified time period. Upon expiration of this time period, your access to our Service will be terminated unless you choose to become a paying Member. You understand that only a single Free Trial account will be granted for a given email address. Learnapolis has no duty to provide Free Trial accounts and has no liability to you if you cannot obtain one or if we terminate your Free Trial account prior to the expiration of the given time period of your existing Free Trial account. Learnapolis may stop offering Free Trial accounts without notice or liability to you at our sole discretion.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Users may post their own User Content to our Website through our Service. Users understand that by using our Website/Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee the quality, accuracy or integrity of such User Content. Learnapolis is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, Learnapolis will submit all necessary information to the proper authorities.
If any User Content is reported to Learnapolis as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Learnapolis. Should the Member fail to meet such a request, Learnapolis has full authority to either restrict the Member’s ability to post User Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a Member, you agree not to use our Service to do any of the following:
1) upload, post or otherwise transmit any User Content that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website/Service.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of Learnapolis, is objectionable or which restricts or inhibits any other person from using or enjoying our Website/Service, or which may expose Learnapolis, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
- develop a competing website or help anyone else to do the same.
- create compilations or derivative works as defined under United States copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website, Service, and any related software.
- use our Website/Service in any manner that violates this Agreement or any local, state, federal, or international laws.
3) use your Member account to:
- allow another person to login as you.
- violate any local, state, federal, or international laws.
Our Intellectual Property
Our Website/Service may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website/Service does not constitute any right or license for you to use ours or others’ service marks/trademarks, without the prior written permission of Learnapolis or the corresponding service mark/trademark owner. Our Content, as found within our Website/Service, is also protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website/Service does not grant you any ownership rights to our Content.
Advertisers and Sponsors Disclaimer
Our Website/Service may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website/Service is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Learnapolis AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. Learnapolis has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Website/Service may be temporarily unavailable from time to time for maintenance or other reasons. Learnapolis assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Learnapolis is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website/Service, including without limitation any software provide through our Website/Service. Under no circumstances will Learnapolis be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website/Service, or for any interactions between Users of our Website/Service, whether online or offline.
Learnapolis reserves the right to change any and all Content, software and other items used or contained in our Website/Service, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Service.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE/SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, SERVICE, AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Learnapolis, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE/SERVICE. Learnapolis CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE/SERVICE. Learnapolis DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE/SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE/SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Learnapolis. OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Learnapolis, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website/Service; (b) the unavailability or interruption of our Website/Service; (c) your use of our Website/Service or Courses; or (d) any delay or failure in performance of our Website/Service.
LEARNAPOLIS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Learnapolis AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE/SERVICE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL Learnapolis OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE/SERVICE, EVEN IF LEARNAPOLIS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEARNAPOLIS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE PURCHASE GIVING RISE TO THE LIABILITY.
You represent and warrant that when you make a payment to Learnapolis as part of our Service that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
While we actively support fighting payment fraud, Learnapolis has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service, Learnapolis reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
We offers 30-day money back guarantees for our Service if a paying Member is not satisfied with Our Service. To receive a refund, the Member must submit a refund request via our online form by midnight Eastern Standard Time 30 days from the original purchase date. Learnapolis will make every effort to quickly refund the funds in the means in which it was received. No refunds will be granted after 30 days.
Use of Information and User Content
You agree to indemnify, defend and hold Learnapolis and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website/Service.
Termination of Your Account
You understand and agree that if you do not login to our Website at least every ninety (90) days, Learnapolis reserves the right to automatically terminate your account without notice to you. Also, if you violate the terms of this Agreement, we reserve the right to terminate your account. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to all of your User Content and that we are not required to provide you with copies of such User Content nor continue to maintain copies of such User Content on our Website.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Illinois, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, United States, and shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website/Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.