LearnChurn TERMS OF USE

EFFECTIVE DATE: [7/1/2020]

  1. INTRODUCTION

Thank you for choosing LearnChurn! These Terms of Use (the “Terms”) cover your rights and obligations relating to your access and use of the LearnChurn website, service, and related services, which may include our website, web application, mobile application, widgets, and/or other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “LearnChurn” refer to Learn Churn Inc., a Delaware corporation doing business as LearnChurn. All references to “you”, “your”, or “user” refers to the user of the Service, which includes individuals and legal entities that access the Service, including users who post content on the Service and users who access content on the Service. In addition to these Terms, please review the LearnChurn Privacy Policy https://santafenearme.com/blog/privacy-policy. The LearnChurn Privacy Policy describes our practices related to collection and use of your information. These Terms apply to our Privacy Policy as well. By using the Service, you represent and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy as binding agreements. Further, you agree that these Terms and our Privacy Policy apply to your past use, if any, of the Service prior to the Effective Date.

IF YOU ARE USING THIS SERVICE ON BEHALF OF A BUSINESS OR ENTITY, BY USING THIS SERVICE YOU EXPRESSLY REPRESENT AND AGREE THAT YOU HAVE THE AUTHORITY TO BIND THE BUSINESS AND ITS PERSONNEL AND TO ENTER INTO THESE TERMS ON BEHALF OF THE BUSINESS AND ITS PERSONNEL. 

PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

Do not hesitate to contact us at info@santafenearme.com if you have any questions or want to discuss any of these important documents.

  1. AGE POLICY; PERMITTED USERS

The Service is intended to be used by minors only with the consent and under the control of their parents or legal representatives. We do not knowingly collect any personal information or personally identifiable information from children under age 13. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete that person’s account and any personal information in that user’s account. If we ever choose to collect any personal information from children under age 13, we will obtain parental consent before asking for personal information in compliance with the Children’s Online Privacy Protection Act (“COPPA”), unless the request for information falls within an exception that would be permitted under COPPA. 

If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use the Service.

Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.  

The Service is only intended to be used in the United States.

  1. ACCOUNTS & YOUR INFORMATION

To access the Service, you are required to create an account and will be required to provide information to us to do so (please see our Privacy Policy https://santafenearme.com/blog/privacy-policy for more information on our practices related to collection and use of your data). You are solely responsible for keeping your account information, including password, safe. You may not use another user’s account. If you become aware of any unauthorized use of your account, you must promptly notify us of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your account or password, either with or without your knowledge and that you will be solely responsible for such use, whether or not you authorized the use. Further, by providing us with this information, you represent and warrant that you own, or have the full legal authority to distribute and disclose such information to us.

  1. INFORMATION WE MAKE AVAILABLE TO YOU

As part of the Service, we may provide you with various information in furtherance of the Service, including, for example, suggestions of content posted by other users. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you, your property, or LearnChurn.

  1. USER CONTENT

As a core aspect of the functionality of the Service, users can post content on the Service, which may include, for example, information about the user as well as photos, videos, comments, links, and other content (collectively, the “User Content”). The Service may allow User Content to be posted directly by the user or by giving us access to information and content collected by third parties. You are solely responsible for all User Content posted by you or through your account. By posting User Content, you represent and warrant that you own, or have the full legal authority to distribute and disclose such User Content consistent with these Terms. 

While we do not claim ownership over any User Content, by posting User Content, you grant us and other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on the Service solely for the purposes of operating, developing, providing, and using the Service. Nothing in these Terms restricts other legal rights we may have to User Content. We reserve the right to remove or modify User Content for any reason. 

Following termination or deactivation of your account, or if you remove any User Content from the Service, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. LearnChurn and other users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the Service. We should not be relied upon as a means to store User Content, or any other data or information, and we assume no responsibility for such activities.

You agree that any feedback or ideas you provide to us regarding the Service or any suggested improvements to the Service (the “Feedback”) will be the exclusive property of LearnChurn. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. 

Please be aware that all User Content accessed on the Service are offered “as-is.” We do not endorse and may not verify any of our users or any User Content. You agree that any User Content may be inaccurate, unsubstantiated or possibly even incorrect. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions, and to the fullest extent permitted by applicable law, you hereby waive the right to bring any such claim against us.

  1. CONTESTS, PROMOTIONS, & GIVEAWAYS

To the extent that you use the Service to offer any prize, reward, contest, promotion, sweepstakes, or similar item (a “Giveaway”), then you acknowledge and agree that: (a) you are fully responsible for compliance with any and all federal, state and local laws related to such Giveaway; (b) we are not in any way responsible for the offering or fulfillment of any such Giveaway or compliance with applicable laws; (c) you shall include a complete release of us by each entrant or participant in the Giveaway; (d) you shall include an acknowledgement that the Giveaway is in no way sponsored, endorsed, administered by or associated with us; and (e) we will not assist you in the administration of the Giveaway, and you agree that if you use the Service to administer your promotion, you do so at your own risk.

To the extent that you participate in a Giveaway as an entrant or participant, you acknowledge and agree that we are not responsible for compliance with any laws or regulations applicable to any Giveaway offered by a user through the Service, and you must contact the user offering the Giveaway to raise any dispute or seek any recourse in connection with the Giveaway.  

  1. PROHIBITED, ILLEGAL, AND INAPPROPRIATE CONTENT

You agree to refrain from submitting, either directly or indirectly, certain types of sensitive information, including information collected from children under the age of 13, passwords, credit card or financial information, driver license numbers, biometric data, or real time geolocation data. 

You also agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading, deceptive, or not true; or advertise or otherwise solicits funds for goods or services. You also specifically agree not to disclose any information to us in violation of applicable law. If you post prohibited, illegal, or inappropriate content, we may remove such content from our servers, and we may suspend or terminate your account, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.

You also agree that all information that you provide on the Service is accurate and up to date to the extent of your knowledge.

  1. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate the account of any user who we believe has infringed the intellectual property rights of other users, third parties, or us, or otherwise is believed to have violated any intellectual property laws. 

In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Platform, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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. For this notification to be effective, you must provide it to our designated agent at:

Copyright Agent

Learn Churn Inc.

9776 Camas LN 80125

‪(720) 319-8361‬

 

  1. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY 

Although you may provide information to LearnChurn and post User Content as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information or User Content that is generated from your account. 

  1. PUBLICITY

If you are a business or other legal entity, you agree that LearnChurn may use your trademarks, logos, domain names, links to your website, trade names, service marks, or other brand information in order to promote the Service, including in our marketing materials, presentations, customer lists, financial reports, on our website, or for other advertising or marketing purposes. 

 

  1. THIRD PARTY SITES AND SERVICES

Our Service is integrated with services provided by third parties as part of the functionality of the Service. In addition, our Service may be accessible on third party websites as widgets or in other forms. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties. 

Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.

  1. ACCOUNT TERMINATION 

At any time, you may terminate your account through the Service or by contacting us. Please visit our Privacy Policy https://santafenearme.com/blog/privacy-policy to understand how we treat your information when you terminate your account.  

We reserve the right to suspend or terminate your account, or take other action to limit or prevent your access to our Service, if we, in our sole discretion, deem that such action is necessary based on: your use of the Service in a way that would potentially expose us to liability; disruption of the Service by you to others; your violation of these Terms, or our Privacy Policy; your violation of any applicable laws, rules, regulations, and agreements that may apply to you. 

  1. PROPER USE OF THE SERVICES 

You shall not violate or attempt to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.

  1. OUR INTELLECTUAL PROPERTY

The software, including all files and images contained in the Service (excluding User Content), and accompanying data, as well as all data collected by us through the Service (collectively “Our IP”) are the property of LearnChurn or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.

  1. FEES

LearnChurn reserves the right to charge fees in exchange for providing the Service. Changes to the fees or payment policies will be posted or otherwise made available to you through the Service or otherwise. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of these Terms and any collection expenses (including attorneys’ fees) incurred by LearnChurn will be included in the amount owed. 

 

  1. DISCLAIMER OF WARRANTIES; “AS IS”

WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE OR WITH ANY USER CONTENT;  AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION. 

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00). 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

In the event that any third party, including without limitation another user, brings a claim against us related to your actions (including, but not limited to: (i) your violation of these Terms; (ii) your violation of any law; or (iii) your violation of the rights of any third party), content (including User Content), information, or any other use of the Service by you or originating from your account, you agree to indemnify, defend, and hold us, including our directors, officers, and agents, harmless from and against any and all third party claims, including privacy violations such as data losses or data breaches, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent. 

  1. DISPUTE RESOLUTION

You agree to resolve any dispute, claim, or controversy with LearnChurn arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at info@santafenearme.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Denver, CO, and the costs of which shall be divided equally between you and us. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Denver, CO. 

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. 

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor LearnChurn, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

YOU AND LearnChurn EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.

  1. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION

These Terms shall be governed by the laws of the State of Colorado, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Denver County, CO. Both you and we consent to venue and personal jurisdiction there.

  1. SEVERABILITY WAIVER

If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. CHANGES TO THESE TERMS

LearnChurn reserves the right to change these Terms from time to time, with or without notice to you. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. LearnChurn will always have the latest Terms posted on the Service.

  1. CONTACT US 

If you have any questions about these Terms or our Service, please feel free to contact us by email at info@santafenearme.com.  

  1. HEADINGS USED IN THESE TERMS

The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.