LCC reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms, in whole or in part, at any time without further notice. For changes to these Terms that we deem material, we will place a notice on the LCC website located at www.learnercentered.org with the updated Terms and the corresponding effective date. If you access or use the Site in any way after the effective date of the updated Terms, you will be deemed to have read, understood, and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the site and will supersede all previous versions of these Terms.
6. Trademarks, Copyrights & Restrictions
The Site, the Educational Programs and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by LCC or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and proprietary rights laws and by international treaties.
Except as expressly permitted in writing by LCC in advance, you shall not capture, copy, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, obtain the source code of, decompile, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material, or assist any third party to do any of the foregoing. Nothing contained in these Terms or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of LCC or such third party that may own the Material displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as expressly permitted by the Terms will constitute a material breach of these Terms and may infringe upon our rights or the rights of the third party that owns the affected Material. If you become aware of any violation of these Terms by others, you agree to report such violation to LCC at email@example.com or to another responsible party, including, without limitation, the administration of a Partner School. You are advised that LCC will aggressively enforce its rights to the fullest extent of the law. LCC may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
7. Content Submission
By uploading, entering, transmitting, or otherwise submitting educational content (“Content”) to the Site, including but not limited to lessons, educational units, curricula, academic projects, essays, creative writing, and audio or video files, you grant LCC a non-exclusive, worldwide, royalty-free license to use, access, and store the Content as necessary for its operation of the Site, and the Educational Programs and for education, administration, research, and analytical purposes. You represent that you have all rights necessary in the Content that is uploaded, entered, transmitted, shared, or otherwise submitted to the Site, and that LCC’s collection, use, and retention of the Content does not and will not violate or infringe the intellectual property rights of third parties. If you are an educator or administrator (a “Professional User”), any Content you submit to the Site may also be subject to an additional contract between LCC and your employer. Accordingly, LCC’s license in Content submitted by Professional Users may differ from that set forth above.
If you provide to LCC any suggestions or ideas for changes or improvements to the Site (“Feedback”), LCC will own all right, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential, and LCC will be entitled to use the Feedback without restriction and without obligation to you of any kind.
9. Linked Sites
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as links to software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Content”). Our provision of links to Third Party Sites is not an endorsement or recommendation of any information, product, or service that is offered on or available through such Third Party Site or Third Party Content. We do not monitor or check such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness, and we are not responsible for the content or performance of any Third Party Sites or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, appropriateness , opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY SITES AND THIRD PARTY CONTENT, IS AT YOUR OWN RISK.
10. User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
11. No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
12. Non-United States Residents
LCC operates the Site in the United States. LCC makes no representation that the Materials, including merchandise offered for sale on the Site are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with all applicable local laws. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
You understand and agree that LCC may, in its sole discretion and at any time terminate your access to the Site or Educational Programs, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that LCC shall not have any liability to you or any other person for any termination of your access to the Site or Educational Programs. LCC will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms may result in restrictions on your access to all or part of the Site or the Educational Programs and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted by us or made in writing and signed by a duly authorized officer of LCC. Upon termination of your access to the Site or Educational Programs, or upon demand by LCC, you must destroy all materials obtained from the Site or Educational Programs, and all related documentation and all copies and installations thereof. You are advised that LCC will aggressively enforce its rights to the fullest extent of the law.
The Site or Educational Programs may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. LCC is not responsible for (i) delays, interruptions, errors, defects, omissions, or deletions related to communications line failure, operation or transmission, or (ii) alteration of, theft or destruction or unauthorized access to, user communications. LCC is not responsible for any technical or other malfunction or other problems of any third-party product or service, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site.
THE SITE, THE EDUCATIONAL PROGRAMS AND THE MATERIALS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LCC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE, OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. LCC DOES NOT WARRANT THAT (A) THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SIE, THE EDUCATIONAL PROGRAMS, AND/OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (B) DEFECTS WILL BE CORRECTED, OR (C) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. LCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, OR THE EDUCATIONAL PROGRAMS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LCC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by LCC. Views and opinions of users of the Site or the Educational Programs do not necessarily state or reflect those of LCC. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site or the Educational Programs.
The Internet may be subject to breaches of security that are outside of LCC’s control. LCC is not responsible for any damage to any user’s computer resulting from any such security breach, or from any virus, malware, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to LCC over the internet.
15. Limitation of Liability
YOU AGREE THAT LCC AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “ RELEASED PARTIES ”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE EDUCATIONAL PROGRAMS, OR THE MATERIALS, EVEN IF LCC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE CAUSE (COLLECTIVELY, THE “RELEASED MATTERS” ). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. BY ACCESSING AND USING THE SITE, THE EDUCATIONAL PROGRAMS AND/OR THE MATERIALS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA OR ANY SUCCESSOR STATUTE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by agreement with these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (a) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (b) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW; (c) YOUR USE OF THE SITE, EDUCATIONAL PROGRAMS, AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; (d) INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR PRIVACY RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; (e) ANY MISREPRESENTATION MADE BY YOU; AND/OR (f) LCC’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LCC’S DEFENSE OF ANY CLAIM. LCC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF LCC.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Francisco, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco, California.
18. Dispute Resolution
Should a dispute arise between the parties relating to or arising from this Agreement, each party shall in good faith attempt to resolve the dispute within thirty (30) days following receipt of written notice sent by one party to the other party specifying the details of the dispute. If the parties cannot resolve the dispute within such 30-day period, the parties irrevocably agree to resolve such dispute by mandatory, binding arbitration. Any such arbitration shall be conducted in English, held in San Francisco, California, and administered by the American Arbitration Association (“AAA”) before a sole arbitrator in accordance with the then-current AAA Commercial Arbitration Rules. The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this Section 18 shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written and oral agreements between the parties with respect to the subject matter hereof. These Terms may not be amended, nor any obligation waived, without the prior written approval of an authorized representative of LCC. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision thereof.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible to effect the original intent of the parties, and the remaining provisions will remain in full force and effect.
For any questions, suggestions, or concerns related to these Terms, please send us a message at firstname.lastname@example.org.
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