Other obligations on your part

Other miscellaneous legal information for you

In exchange for our allowing you to use this Website, you assume a number of legal obligations. Many have been described above. In addition, you agree:

 

  • to provide true, accurate and complete information about yourself and to keep that information current; and
  • to receive emails from us at any time and from time to time that may include updates and other news about theLearnia and may also include advertising for products or services that we believe may interest you. You may unsubscribe to such emails, but we may terminate your Account if you do; and
  • to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access to or use of this Website (including any information, materials, products or services available through this Website).

 

Disputes

If a dispute arises between you and us with respect to any of these Terms, or their application to your use of the Website or your account with theLearnia, or any services provided to you by theLearnia, then we and you will submit the dispute to mediation, using a commercial mediation service in New York, New York. There will be a single mediator. The mediation may be conducted, at the mediator’s option, in person, by conference call (audio only  or video), or through correspondence of any kind designated by the mediator.

 

If such mediation fails to resolve the dispute within 30 calendar days after the day on which the mediator first hears both parties, then the dispute shall be submitted to arbitration. Either party may commence the arbitration. The arbitration will take place in New York, New York, and will be administered by the American Arbitration Association (“AAA”) under its International Commercial Arbitration Rules and the following additional rules:

(a) There will be a single arbitrator, appointed by the AAA. The arbitrator must be expert in on-line educational websites and their operation.

(b) Until the arbitrator’s award is made, the parties will share all AAA and arbitrator fees equally, and each party shall bear all his/her/its own costs in connection with the arbitration, including without limitation attorneys’ fees and fees charged by his/her/its own witnesses. However, the arbitrator’s award must order the losing party to pay to the prevailing party an amount equal to all the prevailing party’s costs incurred in connection with the arbitration, including without limitation the prevailing party’s share of the AAA and arbitrator fees and all the prevailing party’s witness fees and attorneys’ fees and costs.

(c) The provisions of this subparagraph (c) apply only if in an arbitration commenced under this Agreement there are both a claim and a counterclaim and if awards are made to both the claimant and to the counterclaimant. In that event, and if monetary awards are made in favor of both the claimant and the counterclaimant, then the arbitrator shall aggregate all costs, fees and expenses of the parties and shall apportion them between the parties in the ratio of the amount of the claimant’s award to the counterclaimant’s award. If either of the claimant’s award and the counterclaimant’s award contains an injunction or other non-monetary relief, or if both awards do, then the arbitrator shall aggregate all costs, fees and expenses of the parties and shall apportion an equal share to each party.

You and we expressly and irrevocably waive all rights to have any dispute adjudicated or reviewed by any court or tribunal other than the AAA as provided in these Terms.

You acknowledge that some failures of a User, like you, to conform to these Terms might cause us irreparable harm, and that in that circumstance we would have the right to obtain from the arbitrator an injunction against your continuation of the harmful activity.

In addition to obtaining and injunction as provided above, we would also have the right to recover from you all appropriate direct and consequential money damages for the prohibited activities.

The arbitrator’s award will be final and binding on both parties and may be entered and enforced as a judgment in any court of competent jurisdiction.

Any such dispute must be brought to our attention within one year after the date on which the most recent event that gave rise to the dispute occurred. If it is not brought to our attention within such one-year period, it is permanently barred.

Indemnification 

If anyone brings a claim against us related to your actions, content or information on theLearnia, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for User conduct, we do not control or direct Users' actions on theLearnia and are not responsible for the content or information that Users transmit or share on theLearnia. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on theLearnia. We are not responsible for the conduct, whether online or offline, or any user of theLearnia.

Disclaimers of warranties

 

WE TRY TO KEEP THELEARNIA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THELEARNIA AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THELEARNIA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THELEARNIA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

THELEARNIA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THELEARNIA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THELEARNIA WILL NOT EXCEED US$100.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THELEARNIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

These Terms May Change

 

As theLearnia changes and grows over time, we may need to implement new policies. We reserve the right to update or modify these Terms, at any time and without prior notice to you, by posting the revised version of these Terms on this Website. All such changes will be effective as of the date we post the revised version on this Website. Your use of this Website following any such change constitutes your agreement to be bound by the revised Terms.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review these Terms. We will provide the new effective date at the top of these Terms. You may access the current version of these Terms at any time by clicking on the link marked "Terms" at the bottom of each page of this Website.

Additional Terms May Apply to You

 

We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Website, to participate in certain promotions or activities available through this Website, or for other reasons.

Special Provisions Applicable to Users Outside the United States.

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with theLearnia outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on theLearnia (such as advertising or payments) or operate a Platform application or website.

English version controls

 

These Terms were written in English. If you are reading these Terms in a language other than English, even if we are responsible for the translation of these Terms into the language in which you are reading them, be advised that wherever there may a be a difference between the English-language version of these Terms and the version that you are reading, the English-language version will control.

Other

While we intend theLearnia to continue indefinitely, we have no obligation to continue it. We may terminate all or any part of theLearnia and/or the Website at any time, for any reason, in our sole discretion, and if we do we may delete all User-Generated Content without any need for notice to or consent by any User.

These Terms constitute the entire agreement between the parties regarding theLearnia, and supersede any prior agreements. Nothing outside these Terms – no memorandum, notes, publication, webpage or other writing – is part of these Terms, no matter what any person may have told you or us.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms, that failure will not be considered a waiver of any of our rights.

Amendments to these Terms may be made unilaterally by us, as provided above; but you may not amend these Terms.

You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms shall prevent us from complying with the law.

These Terms do not confer any rights on any third party, as beneficiary or otherwise.

Nothing in these Terms is intended to deprive any User of any right to which he/she is entitled as a matter of applicable law.

You will comply with all applicable laws when using or accessing theLearnia.