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TERMS OF SERVICE & USAGE

1. READ THIS

This Terms of Use Agreement ("Agreement") is made by and between LearnerNation LLC, a Georgia limited liability company, with offices at 3330 Preston Ridge Road, Suite 300, Alpharetta GA 30005 ( "LearnerNation LLC" ) and you ("you," "your," or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site.

BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER LearnerNation LLC SOFTWARE, SERVICES, WEB SITES OR ANY OF LearnerNation LLC'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

LearnerNation LLC RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN LearnerNation LLC'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPER-LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE LearnerNation LLC WEB SITE.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If LearnerNation LLC believes the information you provide is not correct, current, or complete, LearnerNation LLC has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of LearnerNation LLC's Web site(s), you warrant to LearnerNation LLC that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of LearnerNation LLC. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to immediately cooperate with LearnerNation LLC in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease. In addition, you may not use LearnerNation LLC's Web site(s) in any manner which could disable, overburden, damage, or impair the Web site(s) or interfere with any other party's use and enjoyment of the Web site(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Web site(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

LearnerNation LLC's Web site(s) are for your personal and noncommercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without LearnerNation LLC's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (including from / of / or with the intent to substitute or compete with LearnerNation Software or Functions), transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to LearnerNation LLC's Web sites or services.

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other Web site owned, operated, licensed, or otherwise controlled by LearnerNation LLC (the "Content") is the proprietary information of LearnerNation LLC or the party that provided or licensed the Content to LearnerNation LLC, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of LearnerNation LLC, except that you may print out a copy of the Content solely for your personal use so long as you have first obtained all legal permissions to do so from all interested parties. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates LearnerNation LLC's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to or usage of this site.

6. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, LearnerNation LLC. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or LearnerNation LLC. LearnerNation LLC has not reviewed any or all of such sites and is not responsible for the content of those sites. LearnerNation LLC is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyper-links are to be accessed at the user's own risk, and LearnerNation LLC makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. LearnerNation LLC provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by LearnerNation LLC of that site or any association with its operators.

7. USE OF COMMUNICATION SERVICES

LearnerNation LLC's Web sites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

(i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates illegal activity or discusses an intent to commit an illegal act;

(iii) is vulgar, obscene, pornographic, or indecent;

(iv) does not pertain directly to this site;

(v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

(vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(viii) violates any law or may be considered to violate any law;

(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

(xii) solicits funds, advertisers, or sponsors;

(xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site;

(xv) includes MP3 or similar format files;

(xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;

(xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

(xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

LearnerNation LLC reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. LearnerNation LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. LearnerNation LLC also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be course to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither LearnerNation LLC nor any third party that provides Content to LearnerNation LLC will assume or have any liability for any action or inaction by LearnerNation LLC or such third party with respect to any submission. LearnerNation LLC cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. LearnerNation LLC does not control or endorse the content, messages, or information found in any Communication Service and, consequently, LearnerNation LLC specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LearnerNation LLC spokespersons, and their views do not necessarily reflect those of LearnerNation LLC.

8. SUBMISSIONS

You hereby grant to LearnerNation LLC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LearnerNation LLC through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. LearnerNation LLC will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future LearnerNation LLC operations.

LearnerNation LLC will treat any personal information that you submit through this site in accordance with its Privacy Policy http://learnernation.com/privacy-policy.

9. DISCLAIMER

You understand that LearnerNation LLC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. LearnerNation LLC does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by LearnerNation LLC.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LearnerNation LLC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LearnerNation LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LearnerNation LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LearnerNation LLC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LearnerNation LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LearnerNation LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and LearnerNation LLC does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

10. LIMITATION ON LIABILITY

LearnerNation LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LearnerNation LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LearnerNation LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO LearnerNation LLC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

11. TERMINATION OR RESTRICTION OF ACCESS

LearnerNation LLC reserves the right, in its sole discretion, to terminate your access to any or all of LearnerNation LLC's Web sites and the related services or any portion thereof at any time, without notice.

12. INDEMNITY

You will indemnify and hold LearnerNation LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of LearnerNation LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to LearnerNation LLC. LearnerNation LLC and any party that provided trademarks, service marks, logos, and copyrighted works to LearnerNation LLC retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of LearnerNation LLC's Web sites are: Copyright © 2015 LearnerNation LLC and/or its suppliers , 3330 Preston Ridge Road, Suite 300, Alpharetta GA 30005 . All rights reserved.

14. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LearnerNation LLC's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LearnerNation LLC and its affiliates that your copyrighted material has been infringed.

  • 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 upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail 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;
  • 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.
  • LearnerNation LLC's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
  • Copyright Agent: LearnerNation Legal Department 3330 Preston Ridge Road – Suite 300 Alpharetta , GA 30005 phone: 866.622.4997 fax: 866.622.4997 e-mail: hello@learnernation.com

15. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). LearnerNation LLC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that LearnerNation LLC considers insecure, LearnerNation LLC will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, LearnerNation LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. LearnerNation LLC reserves the right to investigate suspected violations of these Terms of Use.

LearnerNation LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction LearnerNation LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LearnerNation LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LearnerNation LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LearnerNation LLC OR LAW ENFORCEMENT AUTHORITIES.

16. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Georgia , United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and LearnerNation LLC arising out of these Terms of Use or pertaining to the course matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Atlanta, GA.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LearnerNation LLC as a result of this agreement or use of LearnerNation LLC's Web sites.

These Terms of Use constitute the entire agreement among the parties relating to this course matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and LearnerNation LLC with respect to LearnerNation LLC's Web sites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and course to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

LearnerNation LLC may revise these Terms of Use at any time by updating this posting.

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