PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE LEARN NOW SERVICES OR ASSOCIATED WEBSITES.
The following are the terms and conditions for use of those certain webinar services associated with Mindless Donkey Inc., BBC Systems Inc., and JVZoo.com, together with all related entities and associated websites (collectively referred to as the "Services.")
By accessing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services Learn Now LLC ("Learn Now" or "us," or "we") provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third parties accessing the Services on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
I. OVERVIEW AND DISCLAIMERS
Learn Now operates a service whereby users can view promotional webinars and videos (together with certain related promotional information) regarding products and services from a variety of third parties. Users also have the option through such webinars and videos to navigate to the relevant third parties' websites to purchase those products and services. Learn Now also may provide to users the ability to correspond with individuals to obtain additional information regarding the products or services covered in the relevant webinar or video.
Access to any third-party website, or the purchase of any product or service, is subject to the terms and conditions of the relevant third party. Any disputes arising regarding a third party's website, products, or services (including any payments you make in connection therewith) must be resolved directly between you and the third party. Learn Now disclaims all warranties or representations regarding any third-party websites, products, or services.
II. REGISTRATION AND INFORMATION SUBMISSION
Registration. In order to utilize the Services, you must first register for the Services, which may require, among other things, providing your personal information, such as name, email address, and telephone number. You must provide accurate and complete information in order to gain access to the Services. You shall protect your information and take full responsibility for your own and third party activities that occur under your information. You agree to notify Learn Now immediately of any unauthorized use of your personal information or any other breach of security in relation to the Services.
Refusal of Service. Learn Now reserves the right, with or without notice, to terminate the access of, or otherwise refuse service to, any persons for any reason or no reason, in the sole discretion of Learn Now.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Learn Now reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time. The most current version of these Terms are posted on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications .
IV. PROPRIETARY RIGHTS ; LIMITED LICENSE; PERMITTED USE
You acknowledge that any and all data, products, and content available or appearing on the Services, including logos, trademarks, and other branding, (collectively, the "Data") shall at all times remain the intellectual property of Learn Now or the third-party Data owners ("Data Owners") who provided the Data to Learn Now, and that neither you nor any user has any proprietary rights whatsoever in the Data. Learn Now reserves all rights not expressly granted to you hereunder and specifically reserves all right, title, and interest in and to the Services and all content appearing therein, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
Learn Now grants you a limited, non-exclusive, non-transferable, revocable license only to access, use, and view the Data through the Services, and only if you comply with these Terms. In no event shall you use, reproduce, distribute, transmit, display or modify (i.e., alter in any manner) the Data or use the Data for any commercial or business purpose or any purpose other than your own personal, non-commercial use of the Services in accordance with these Terms. In accessing and viewing the Data and the Services, you shall fully comply with all applicable federal, state, foreign and local statutes and regulations. You are not permitted to use the Data in any manner that does or could potentially undermine or compromise the security of the Services or the Data. Further, you shall not (and shall not attempt to) interfere with, modify, or disable any features, functionality, or security features of the Services or Data; defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any protection mechanisms for the Services or Data; or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Services or the Data.
This license is automatically terminated if you violate any of these Terms, as determined by Learn Now in its sole discretion.
Prohibitions and Copyright. The Data and the Services are protected by domestic and international copyright laws, making it illegal for you to give away, email, sell, auction, reprint, or otherwise distribute copies, whether in digital or physical format. No part of the Services or the Data may be reproduced or transmitted in any form, by any means (electronic, photocopying, emailing, recording, or otherwise) without the prior written permission from the author. Violators will be prosecuted to the full extent of the law. Copyright infringement is a serious crime with the potential for substantial penalties.
You must not do, or permit others to do, any of the following: (a) modify the Services or Data in any way; (b) remove or modify Learn Now's or the Data Owner's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Data or Services; or (c) rent, lease, distribute (or redistribute), provide or otherwise make available the Data or Services, in any form, to any third party. In addition, you will not violate or attempt to violate the security of Learn Now's networks or servers, including (x) accessing data not intended for you or logging into a server or account that you are not authorized to access; (y) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempting to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.
User Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (v) you irrevocably waive (and cause to be waived) against Learn Now, and its related entities and users, any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
Disclaimers. The Services and Data are provided "AS IS." Learn Now does not represent or warrant and expressly disclaims any warranty that (i) your computer or device has the specifications to support the Services; (ii) any information contained in the Services will be accurate; (iii) the Services will be error-free or accessible at all times, (iv) defects will be corrected; (v) the Services, or the server that makes it available, is free of viruses or other harmful components; or (vi) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Maintenance or Support. Learn Now is not under any obligation to provide maintenance or support for the Services. Learn Now may provide maintenance or support for the Services in Learn Now's sole discretion.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
Learn Now respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced through the Services in a way that constitutes copyright infringement may notify Learn Now's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located within the Services so that the copyright agent can locate it;
3. Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notifications of claimed infringement should be forwarded to:
Troy F. Meyerson
500 Energy Plaza
409 S. 17th Street
Omaha, NE 68102
If you give notice of copyright infringement by text email, Learn Now's copyright agent may begin investigating the alleged copyright infringement. However, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
Learn Now reserves the right, in its sole discretion, to terminate accounts and otherwise prohibit access to the Services for users that are deemed to be repeat copyright infringers.
VI. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
Learn Now does not represent or warrant, and expressly disclaims any warranty, that (i) any information provided by the Services will be accurate; (ii) the Services will be error-free or accessible at all times; (iii) defects will be corrected; (iv) the Services or the server that makes them available are free of viruses or other harmful component; or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Further, Learn Now expressly disclaims any representation or warranty relating to any products, services, or companies displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services, if any. Learn Now does not endorse any such products, services, or companies and does not warrant that any such products, services, or companies are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Likewise, Learn Now does not guarantee that any product, service, or company descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Learn Now be responsible for any loss or damage resulting from any person's reliance on any such product, service, or company descriptions, reviews, or specifications appearing in the Services.
THE SERVICES ARE PROVIDED "AS IS," AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LEARN NOW EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FOREGOING, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LEARN NOW DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR THE AGREEMENT CONTEMPLATED HEREIN. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
If you access the Services or any of its related products or services through a mobile device, your wireless service carrier may charge you data rates and related fees.
VIII. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including, without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You agree to indemnify, hold harmless and defend Learn Now, its directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your posting of any content through or relating to the Services, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its or their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
X. LIMITATIONS OF LIABILITY
LEARN NOW WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF LEARN NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, LEARN NOW'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, ANY RELATED WEBSITES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICES.
XI. TERM AND TERMINATION
By submitting your contact information to Learn Now, you consent to Learn Now or its related third parties contacting you via any of the contact information you provide, including telephone or email.
XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XIV. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Georgia without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Georgia law, rules, and regulations; Georgia law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Gainesville, Hall County, Georgia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. Any notices to Learn Now must be sent to:
Learn Now LLC
210 Washington St. NW #203
Gainesville, GA 30501
via first class or air mail or overnight courier, and are deemed given upon receipt.
XV. NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
These Terms (including any amendment thereto) represent the complete agreement between you and Learn Now concerning the subject matter hereof and supersede all prior agreements and representations between the parties. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.