Effective January 15, 2015

 

Terms of Use

Welcome to the Terms of Use Agreement (“Agreement”) between you (“You”) and the Learning for Life (“LFL”) for Your participation in and use of the Program Website (“Site”).

YOU MUST READ THESE TERMS OF USE CAREFULLY. PLEASE NOTE THAT FROM TIME TO TIME AND IN ITS SOLE DISCRETION, THE LFL MAY AMEND THE TERMS OF USE, WITH OR WITHOUT PRIOR NOTICE. If the Terms of Use change, the LFL will post the revised Terms of Use on this Site. The most current version of the Terms of Use posted on this Site will contain the governing terms of use for the Program and Site. Your continued use of this Site following any changes made to the Terms of Use as posted means that You accept the changes and agree to be legally bound by them. During this Program, the features at this Site may undergo changes, and new features and functionality may be added without prior notice to You.

Eligibility

Participation in this Program is open to individuals who have a valid LFL Membership ID (each individually, a “User”) if at least age 13 and older.  Each User may only have one account for the Site. At this time, other than the Users as defined herein, no other individuals shall be allowed to register for or participate in this Program subject to eligibility for registration in Learning for Life Programs.

Services provided under the Program

Through this Program, the LFL intends to provide a Site with numerous features, which may include the following:

  • Email
  • Multimedia features
  • Individual profile information
  • LFL membership information
  • LFL training information

It is important to note that this Program may undergo changes and modifications, and features and functionality may be added or changed from time to time. Your use of this Site, use of the services provided by the Site, and participation in the Program shall be governed by this Agreement.

Access and Registration

By registering with and accessing this Site, You acknowledge and agree that You meet all criteria required as an User, that all information that You provide to the LFL in registering for this Site and Program is truthful and accurate as well as current and complete.

LFL Proprietary Property

The LFL marks, logos, and trade dress are the proprietary property of the LFL, and You may not use or display such without the prior written consent of the LFL. Any material use, posted, displayed, or distributed by the LFL on this Site that is proprietary to the LFL may not be copied, reproduced, distributed, modified, transformed, republished, posted, displayed, transmitted or sold, in whole or part, in any form or medium, including on this Site, without the LFL’s prior written consent.

Program and Site Content

Upon Your registration with this Site, the LFL grants to You a limited license to access this Site and to use the Program for personal, noncommercial use subject to the terms and the User Conduct Rules identified herein. This Site may contain content that was created, developed, posted, transmitted, displayed, distributed, and made available or shared by other parties. The term “posted” as used in this Agreement shall include the following “post, upload, transmit, display, share, distribute, make available to others, or the like.”

The LFL may cancel Your access to the Site if You use the Site in any way deemed by the LFL, in its sole discretion, to be unacceptable or in violation of any of the User Conduct Rules or other terms of this Agreement.

Intellectual Property Infringement Complaints

Under the terms of this Agreement, the LFL prohibits the posting, display, transmission, sharing, emailing, embedding, and making available or otherwise use in this nature of Content that infringes the Intellectual Property rights of another person or party. In the event that a third party provides the LFL with a notification of any alleged Intellectual Property infringement, the LFL may immediately remove such Content and may block access to and cancel Your account. In addition, in the event of an alleged copyright infringement, the LFL shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) and will take steps to remove the allegedly infringing material or block access to it.

Procedure for Submitting Notification of Alleged Copyright Infringement

With respect to copyright infringement, the DMCA requires the LFL to have a designated agent to receive notices of alleged copyright infringement. For any Content that You believe infringes Your copyright, please send a written notice of alleged copyright infringement to the LFL’s designated agent at the following address:

If by first class mail:

Copyright Agent for Notification of Claimed Infringement
Learning for Life
1329 W Walnut Hill Lane
Irving, Texas 75038

 

Your written notification of alleged copyright infringement should include all of the following information:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are to be covered by a single notification, a representative list of such works at the Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit the LFL to locate the material on the Site;
  • Information reasonably sufficient to permit the LFL to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
  • A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by You, Your agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your Privacy

Your personal information is important to the LFL and the LFL is committed to respecting the personal privacy of its members and those who participate in this Program and Website.

Disclaimers of Warranties and Representations

THE CONTENT AND SERVICES PROVIDED ON THIS SITE AND BY THIS PROGRAM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE LFL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE LFL IS NOT RESPONSIBLE FOR THE CONTENT POSTED BY USERS AND SUCH IS NOT NECESSARILY MONITORED, INVESTIGATED, OR CHECKED FOR ACCURACY. THE LFL IS ALSO NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE OR PROGRAM

THE LFL DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE OR THIS PROGRAM 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. THE LFL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY TECHNICAL PROBLEM, DELAY, DISRUPTION IN SERVICE, OR ANY OTHER MALFUNCTION THAT MAKES THE SITE OR PROGRAM UNAVAILABLE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR ANY LOSS OF DATA RESULTING FROM SUCH USE.

THE LFL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF ANY CONTENT FROM THIS SITE IS AT YOUR OWN RISK AND DISCRETION, AND THE LFL WILL NOT BE RESPONSIBLE FOR ANY HARM, DAMAGE, OR LOSS ARISING OUT OF YOUR USE OF THE CONTENT.

TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY.

Limitations on liability

Under no circumstances, including but not limited to, negligence, shall the LFL be liable for any direct, indirect, incidental, special, or consequential damages that result from Your use of, or the inability to use, the Site or Program. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.

Indemnification of LFL

You agree to defend, indemnify, and hold the LFL harmless from and against any and all harm, claims, damages, costs and expenses (including reasonable attorneys’ fees) arising from or related to Your use of the Site or Program, including the breach of any warranty or representation made herein as well as any claims of infringement of the Intellectual Property of a third party.

Entire Agreement

This Agreement, including any and all subsequent modifications and changes by the LFL, constitutes the entire understanding between the You and the LFL pertaining to the Site and the Program and supersedes all previous communications, representations and agreements, whether oral or written, relating to the Site and the Program.

Waiver

Neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Severability

If any portion of any provision of this Agreement is deemed unlawful, void or unenforceable for any reason, then that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining portion of the provision or any other provisions, and this Agreement shall be automatically amended in order to effect, to the maximum extent permitted by law, the original intent of such provision.

Jurisdiction

This Agreement shall be construed according to the laws of the United States and the State of Texas, with venue and jurisdiction residing in state and federal courts in Dallas County, Texas.

If you do not agree to these Terms of Use, please do not register for this Program or allow use of this Site. The LFL in its sole discretion reserves the right to reject, refuse to post, or remove any posting (including private messages by You), or to deny, restrict, suspend, or terminate Your access to all or any part of this Site or use of the Program at any time.