Vendor 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”) and for providers of Educational Tools (“Technology Providers”) to receive information and feedback from educators concerning the Educational Tools. The Site and the LearnPlatform are 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,” “Technology Provider” and similar terms refer to the single entity, and its authorized users, agreeing to this terms of service. 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. Other capitalized terms may be defined below in these Terms.
Acceptance of Terms of Service
The individual accepting the Terms of Service represents and warrants that he or she has the authority to bind the Technology Provider to this Agreement.
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.
You may purchase a license or subscription to access and use the Platform to obtain data and reports concerning the use of your Educational Tools and Reviews of the Educational Tools. You may also be permitted to be associated with portions of the Platform pertaining to your Educational Tools in order to recommend changes to the information about the Educational Tool. You 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 Providers to interact with Users, including without limitation, those that provide Reviews and to enable Technology Providers to respond to Requests for Proposals (“RFP”) from Schools. Some interactions with Schools and other Users through the Platform may require the payment of an additional fee and Technology Provider agrees to pay those amounts communicated through the Platform. You acknowledge and agree that you are solely responsible for any information you submit by and through the Platform, including without limitation, to a School in response to an RFP or in response to a Review and Company shall have no liability for any false information, misleading statements, misrepresentations or other inaccuracies submitted by you, a User or a School through the Platform. Schools and educators are solely responsible for any purchasing decisions made in response to information provided through the Platform.
By using the Platform, you expressly agree and acknowledge that Company may use your trademarks, service marks and logos for the limited purpose of accurately identifying your Educational Tools and to facilitate interactions with Schools and other Users through the Platform. Technology Provider may request a modification to the use of its trademarks or service marks if the use violates the Technology Provider’s established usage guidelines and Company shall use its best efforts to promptly address the same. Technology Provider acknowledges and agrees that if it requests the removal of any of its trademarks or service marks, that Company may not be able to include the Technology Provider’s Educational Tools within its Platform.
Technology Provider acknowledges and understands 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 Providers’ 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, you will need to provide to us certain basic information such as your entity name, and the identity of users authorized to access your account. 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. 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.
User Obligations. 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.
You are responsible for you use of the Platform and the use of the Platform by any of your authorized users. 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 or soliciting reviews or endorsements for payment or other consideration;
- 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.
You are responsible for the content that you upload, share, post, links to or otherwise makes available via the Platform (“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, 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 a forum for honest evaluation and reviews (“Reviews”) of Educational Tools including Educational Tools provided by you. Accordingly, you agree that you will not seek to improperly influence any Reviews provided by Users or Schools and that you will not solicit Reviews for payment or other compensation. You further agree not to provide Reviews of your own Educational Tools nor encourage others to create User accounts to falsely inflate or modify the Reviews of your own Educational Tools or the Educational Tools of others.
Listing or availability of any Educational Tools on or through the Platform, or facilitating your response to an RFP, does not constitute a recommendation, sponsorship, guarantee or endorsement of such Educational Tool by Lea(R)n. All Reviews are the personal opinions of Users and we do not sponsor or endorse any such Reviews or allow Technology Providers 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 PROVIDERS. 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 PROVIDER THAT PROVIDED OR SOLD THAT TOOL TO YOU.
Ownership. As between you and Company, 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 nonexclusive, 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 Provider, 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 and Technology Providers 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 or Technology Provider 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 NONINFRINGEMENT 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 have a dispute with a School, any other Technology Provider 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 third-party claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) a claim that your Educational Tools or the accurate use of any trademarks or service marks owned by you violates the intellectual property rights of any third-party; (ii) the promotion, sale, or use of your Educational Tools by any School or other User; or (iii) your breach of these Terms.
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. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Wake County, North Carolina.
Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
How to contact us
If you have any questions regarding these Terms of Service, you may contact us at firstname.lastname@example.org.