Terms of Service
Welcome to our Site and the LearnPlatform, the online platform for educators to find, evaluate and share experiences about educational technology, tools and products (“Educational Tools”). The Site and the LearnPlatform is provided by Lea(R)n, Inc. We've put together here some detailed terms and conditions about your use of the LearnPlatform. You should read and understand them, as they govern your use of the Site and the LearnPlatform.
The terms "Company", "we", "us" "our" and similar terms refer to Lea(R)n, Inc. The term “Community” refers to our online community of educators, technology companies and other stakeholders in the educational field available through the Site and the LearnPlatform. The terms “you,” “your,” “User” and similar terms refer to end users of our Platform within the Community. The term “Site” or “Platform” refer to the online LearnPlatform as provided to Communities and Users at www.learntrials.com, www.learnplatform.com and any extensions, software or add-ons provided by us for use with the LearnPlatform or such other website(s) or mobile applications designated by us. “Terms” or “Agreement” refers to these Terms of Service, as may be amended from time to time by us. “Technology Partners” refers to our third party corporate and technology partners who may make Educational Tools available to our Community for review, evaluation and/or purchase. Other capitalized terms may be defined below in these Terms.
Acceptance of Terms of Service
The Platform is intended only for users aged 13 and over. By registering for or using the Platform, you warrant that you are at least 13 years old.
Schools and Districts
Schools or Districts (“Schools”) may purchase a license or subscription to use the Platform for its educator community or to obtain data and reports on the use of Educational Tools and Reviews generated by use of the Platform. The School acknowledges and agrees that access to the Platform will be limited to the specified School Community. The School will not make available the Platform to anyone outside of the School Community without Company’s prior consent. The School understands that all members of the School Community will have access to all User Content shared through on the Platform by the School Community and to other linked School Communities, except as may be set forth below. The School further agrees that it will use its reasonable efforts to educate its School Community about proper use of the Platform and that we have the right to suspend or prohibit access to the Platform by any User in violation of these Terms. A School subscription may have restrictions on the number of authorized users, number and nature of reports and similar terms, all of which will be set forth in the School’s subscription.
Technology Partners may purchase a license or subscription to access and use the Platform to obtain data and reports concerning the use of the Educational Tools of the Technology Partner and Reviews of the Educational Tools of the Technology Partner. Technology Partners may also be permitted to associate themselves with portions of the Platform pertaining to the Educational Tools of the Technology Partner to enable the Technology Partner to recommend changes to the information about the Educational Tool. Technology Partners acknowledge that Company reserves the right in its reasonable discretion to incorporate or reject any proposed changes to information on the Platform. The Platform may also be used to enable Technology Partners to interact with Users, including without limitation, those that provide Reviews and to enable Technology Partners to respond to Requests for Proposals (“RFP”) from Schools. Technology Partners and Schools acknowledge and agree that any information submitted by a Technology Partner by and through the Platform, including without limitation, to a School in response to an RFP or in response to a Review is the exclusive responsibility of the Technology Partner and Company shall have no liability for any false information, misleading statements, misrepresentations or other inaccuracies. Schools and educators are solely responsible for any purchasing decisions made in response to information provided through the Platform.
By using the Platform, Technology Partners expressly agree and acknowledge that Company may use the trademarks, service marks and logos of the Technology Partner for the limited purpose of providing information concerning the Educational Tools of the Technology Partner and to facilitate the Technology Partner’s interaction with Schools and other users through the Platform. Moreover, Technology Partners acknowledge and understand that the Platform collects data and information concerning Educational Tools from multiple locations and sources and that the compilation of this information belongs to exclusively to Company. Technology Partners’ use of the Platform does not give it any right or license to access, review, use, or revise any of the compiled information.
Use of the Platform
Registration. In order to use the Platform as part of the Community, you will need to provide to us certain basic information such as your true legal name, affiliated School Community (if applicable) and similar personal and professional information. You may also provide other information such as your role in the educational community, subject interests and grade levels. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date. During the registration process, you will choose a user name and password for your use of the Platform. You will be responsible for securing your user name and password and for all use of the Platform using your email address or password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Platform under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password. We reserve the right to refuse use of or revoke use of any username in our discretion.
You agree that we will have the right, but not obligation, to verify your identity as a member of a School Community. We reserve the right to suspend or terminate your account and use of the Platform if we believe any information you have provided during the registration process is inaccurate or incorrect or if you have registered as part of a School Community, if your School requests such suspension or termination for any reason or if you withdraw from the School or otherwise are no longer a member of the School Community.
Basic use of the Platform is offered free of charge to teachers and other educators. However, we reserve the right to establish fees for use of the Platform at any time or to charge additional fees for premium services, data access or additional functionality.
User Obligations. Your use of the Platform shall be solely for your own educational and academic use. You will comply with all applicable laws in connection with your use of the Platform. You will not attempt to circumnavigate or violate any security feature of the Platform, including accessing any Platform features, interactive areas, information or profiles for which you do not have permission or other content or information not intended for you.
All Users are responsible for their own use of the Platform. As part of your use of the Platform, You agree that you will not:
- interfere with, or attempt to interfere with, the normal operations of the Platform or any other User’s use of the Platform, including by overloading, flooding, spamming or crashing the Platform or its underlying systems or by altering any profile, reviews or other information provided by any User;
- post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
- use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User, member of the Community or any third party;
- post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
- post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
- post, share or disclose any personally identifiable information regarding any students;
- impersonate or falsely suggest or claim an affiliation with any other person or entity;
- seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration from any Technology Partner or other third party;
- violate or circumvent your School’s policies, including the School’s honor code;
- collect, store or analyze information about other Users, except as authorized by such User;
- expose Company, the School or Community to any civil or criminal liability; or
- violate any applicable law or encourage conduct that would constitute a criminal offense.
Each User is responsible for the content that such User uploads, shares, posts, links to or otherwise makes available via the Platform including all Reviews (“User Content”). You represent and warrant that you own or have sufficient rights, permissions and licenses in and to all User Content, including without limitation, all photographs, images, video, audio or written materials. You hereby grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display and transmit your User Content as necessary for provision of the Platform, the creation of white papers, research reports, marketing intelligence and other analytics which we may publish, provide or sell to third parties and in connection with the promotion of the Platform, including on our website, social media channels and other marketing and promotional materials and as set forth in these Terms. We reserve the right, but not obligation, to review or monitor any User Content or use of the Platform and may remove or restrict access to any User Content we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any School policies or applicable law, we reserve the right to report such User Content and information regarding the User to the School or appropriate legal authorities. You understand and agree that we cannot control how other Users in the Community may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user’s acts.
You understand that our Platform is intended to provide the Community with a forum for honest evaluation and reviews (“Reviews”) of Educational Tools including Educational Tools provided by our Technology Partners. Accordingly, you agree that any Reviews you provide will be true, honest and based on your own professional experience and judgment and that you will not provide Reviews for payment or other compensation. Technology Partners agree that they shall not provide Reviews of its own Educational Tools nor induce others to provide a Review for payment or other compensation.
Listing or availability of any Educational Tools on or through the Platform, or facilitating a Technology Partners’ response to an RFP, does not constitute a recommendation, sponsorship, guarantee or endorsement of such Educational Tool by Lea(R)n. You are responsible for determining whether you wish to use, purchase or provide a Review of any Educational Tool which may be made available, Reviewed or otherwise included on or through the Platform. All Reviews are the personal opinions of Users and we do not sponsor or endorse any such Reviews or allow Technology Partners to sponsor such Reviews. WE HEREBY DISCLAIM, AND YOU ACCEPT SUCH DISCLAIMER OF, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE EDUCATIONAL TOOLS, ACCURACY OF REVIEWS OR OTHER USER CONTENT OR ANY OF OUR TECHNOLOGY PARTNERS. YOU ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR USE OF ANY EDUCATIONAL TOOLS, WHETHER BASED ON ANY REVIEWS OR OTHERWISE, IS ENTIRELY AT YOUR DISCRETION AND RISK. IF YOU HAVE PROBLEMS WITH ANY EDUCATIONAL TOOL, YOUR REMEDY, IF ANY, IS THROUGH THE APPLICABLE TECHNOLOGY PARTNER THAT PROVIDED OR SOLD THAT TOOL TO YOU.
Ownership. As between you and Lea(R)n, the Platform, including all content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your own use of the Platform and in accordance with these Terms. All trademarks, service marks, logos and other branding elements associated with any School, Technology Partner, or Educational Tools and all intellectual property rights in and to the Educational Tools will be owned by their respective owners.
Restrictions. You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Platform, including Reviews and other User Content. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Platform, Reviews or User Content for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Platform in order to develop any competing product or Platform or to conduct benchmarking tests.
User Content. The User, or the applicable School, will retain ownership of all User Content created or posted by such User, subject to the license granted to us herein.
Feedback We may from time to time request our Users to evaluate, assess or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.
Maintenance of the Platform; Changes
We reserve the right to issue corrections or modifications or upgraded versions of the Platform and Software at any time in our discretion. From time to time and with or without notice, the Platform may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance. We may also establish additional rules, limits or policies regarding the Platform and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the Platform, or the applicable function.
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform, including at the request of the School. You may cease using the Platform at any time; provided that you acknowledge and agree that all User Content posted by you prior to such time will continue to be available on and through the Platform. We may terminate your use of the Platform if you violate these Terms with or without prior notice to you.
THE PLATFORM AND SOFTWARE IS PROVIDED ON AN "AS IS" WHERE IS" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.
If you are an individual User, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other User arising from your use of the Platform. If you have a dispute with the School, any Educational Partner or any other User regarding any User Content, Educational Tool or the use of the Platform, you hereby release us from any and all liability, claims, demand and damages associated with such User or such transaction.
LIMITATION ON LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.
Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.
You hereby agree to indemnify, defend and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents and representative ("Indemnified Parties") harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Platform, including any User Content you may submit or post on the Platform.
Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.
Governing Law. To the extent permitted by law, these Terms, your use of the Platform are governed by North Carolina law, without giving effect to its conflict of law provisions.
ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA"), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.
ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.
YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.
THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.
ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.
You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.
Attorneys Fees. We shall be entitled to our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of these Terms of Service against you.
How to contact us
If you have any questions regarding these Terms of Service, you may contact us at firstname.lastname@example.org.