Welcome to www.learnportinc.com, The term “Company,” “we,” “us,” or “our” refers to Learnport, Inc. The term “you,” “your,” or “User” refers to the user of this Site. By using the learnportinc.com website (the “Site”) you agree to be bound by and to comply with all terms, conditions and notices contained or referenced herein (the “Terms of Use”). Therefore, please review the Terms of Use carefully. If you do not agree to the Terms of Use, you should not use this Site.

Modification to Terms of Use

LEARNPORT INC. reserves the right, at any time and at its discretion, to revise these Terms of Use and will post the latest Terms of Use on this Site. You should review the Terms of Use regularly as you use this Site. Your continued use of this Site after revisions have been posted will mean that you accept the revised Terms of Use.


 

Entire Agreement; Precedence

The Terms of Use constitute the entire and only agreement between LEARNPORT INC. and User and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to using this Site, the products or services provided by or through this Site, and the subject matter of these Terms of Use.

Nature of the Site

This Site is a portal for users to learn from content provided by LEARNPORT INC. Any illegal activity or breach of agreement with LEARNPORT INC. will result in the immediate removal of that user from the Site. LEARNPORT INC. is not, however, responsible for the interaction between you and the any other user on the Site. The Company advises that users seek professional guidance or assistance before relying on any information or content in the Site or through its Services. Under no circumstance will the Company be held liable in any way for your results of thoughts or actions pertaining to the information or content in the Site or through its Services including, but not limited to, any errors or omissions in content or information. Under no circumstance will the Company be held liable in any way for losses or damages of any kind due to the usage of or exposure to any and all information or content in the Site or through its Services.

Eligibility

You may only use the Site for lawful purposes and in accordance with the LEARNPORT INC. Privacy Policy. You must be of legal age to form a binding contract with the Company to use this Site. Any registration by, use of or access to the Site by anyone under the legal age is unauthorized, unlicensed and in violation of these Terms of Use. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all the terms and conditions set forth herein. LEARNPORT INC. reserves the right to refuse registration, cancel or otherwise prevent anyone from using this Site at any time at its sole discretion.

Prohibited Activities

You agree that you will not use this Site in any way that is unlawful or harms LEARNPORT INC., its affiliates, resellers, distributors, service providers or any customer of LEARNPORT INC. or user of this Site. You will not use the Site in any manner that could damage, disable, overburden or impair the Site.

In addition, you agree that you shall not:

  • create or transmit unwanted electronic communications such as “spam” to other users or members of this Site;
  • advertise or make offers for good or services or conduct any unsolicited activities;
  • interfere with the proper workings of or place unreasonable load on the Site’s infrastructure;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site;
  • use this Site or its content in any way to violate the security of any computer or computer network;
  • impersonate any person or entity or otherwise misrepresent yourself or your affiliation with any person or entity;
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
  • upload, post, transmit, share or otherwise make available to other users any pornographic, obscene or offensive material;
  • use foul, offensive or derogatory language;
  • upload, post or transmit anything intended to intimidate or harass another; or
  • collect or store personal data about other users in connection with any unlawful activity or any prohibited activity described in this section.

Registration

In order to begin a free trial or paid membership to access Content and Services, you will need to register by filling out the registration forms in the Site. The Company’s use of this information is set forth in the LEARNPORT INC. Privacy Policy. Free trials typically last 48 hours upon initial sign up. Continued access is subject to the Company’s subscription fees set forth in the Site. You must provide truthful, accurate and complete information within the sign up forms in the Site. You are responsible to maintain the accuracy of this information for continued use of Site. Registration requires a valid and unique email address and password.

Charges

You will incur charges in accordance to the membership package to which you subscribe in advance of your payment period until your membership is cancelled. Charges are expressed in US Dollars. Payments can be made using Visa, MasterCard, American Express credit cards; or any other payment method the Company accepts. Your payment details will be protected through encryption. If the Company cannot complete or reconcile payment of any charges for Services, the Company has the right to suspend, and in some cases terminate, access until it can settle any balances in full. Any reduction or increase in the applicable membership price will take effect in your next membership payment period following notification from LEARNPORT INC. Your monthly renewal date will take place on the same day of the month, or as closely to it as the calendar allows, on the frequency you choose (typically monthly or every six months).

Termination

If you object to any of these Terms and Conditions, or become dissatisfied with the Services, you should immediately stop usage of the Site and Services, and cancel your membership. The Company reserves the right to terminate or suspend access to its information and content, otherwise known as Services, and your membership if:

  • You violate any part of the Terms and Conditions;
  • It does not receive timely payment for your membership
  • It is unable to validate any information, especially payment information, you provide
  • It suspects you are engaging in any immoral, illegal, unethical, fraudulent activity

Proprietary Rights

All content of this Site, such as text, graphics, logos, button icons, images, data compilations, page layout, and the organization of this Site, is protected by copyrights, trademarks, or other proprietary rights and laws.  You do not acquire ownership rights to any content, document or other materials viewed through this Site. The copying, reproduction, republication, uploading, posting, transmission, or distribution in any way of any part of this Site is strictly prohibited, except as follows. You may print paper copies of the content of this Site from any single computer for your personal use, provided that you keep intact all copyright notices and other proprietary notices, such as the domain name, that appear on the print-out. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without prior written permission from LEARNPORT INC. or the copyright holder identified in the individual content’s copyright notice.

Posted User Content

You are solely responsible for the materials you post on this Site. You may not post, transmit or share materials on this Site that you did not create or that you do not have permission to post. By posting content to this Site you agree and hereby grant to LEARNPORT INC., its contractors, licensees and the users of this Site an irrevocable, perpetual, royalty-free, fully sub-licensable, world-wide license to copy, publicly display and distribute all such posted content and to prepare derivative works or incorporate such posted content into other works.

Hyperlinks

LEARNPORT INC. grants you a limited, revocable, and nonexclusive right to create hyperlinks to any page of this Site, provided that:

The links do not portray LEARNPORT INC. or its goods or services in a false, misleading, derogatory, or other offensive manner. In creating the hyperlinks, you utilize the proper LEARNPORT INC. logo provided for the purpose of creating such links. The logo and instructions for its use can be found here.

Disclaimer

YOUR USE OF THIS SITE AND RELIANCE UPON ANY INFORMATION PROVIDED ON THIS SITE IS AT YOUR OWN RISK. THE COMPANY ADVISES YOU SEEK PROFESSIONAL ADVICE BEFORE RELYING ON ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY INFORMATION IT PROVIDES ON THE SITE OR THROUGH ITS SERVICES, INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR OMISSION IN ANY CONTENT AND INFORMATION, INCLUDING BUT NOT LIMITED TO VIDEO, TEXT, SOFTWARE, GRAPHICS OR OTHER MATERIALS.

LEARNPORT INC. PROVIDES ALL INFORMATION, MATERIAL, AND SERVICES INCLUDED IN OR AVAILABLE FROM OR THOUGH THE SITE (“CONTENT”) ON AN “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE” BASIS. THIS MEANS THAT THE CONTENT MAY CONTAIN BUGS, ERRORS, INACCURACIES, OR OTHER LIMITATIONS THAT LEARNPORT INC. IS UNDER NO OBLIGATION TO ADDRESS OR REMEDY.

LEARNPORT INC. DOES NOT WARRANT THAT THE SITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LEARNPORT INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CONTENT OF THIS SITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

LEARNPORT INC. DISCLAIMS ANY LIABILITY FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM YOUR USE OF THIS SITE.

IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, LEARNPORT INC.’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In particular, but without limiting the above disclaimer:

LEARNPORT INC. disclaims any and all liability for the acts, omissions and conduct of any third party users, including businesses appearing or advertising on the Site, related in any way to your use of this Site. LEARNPORT INC. does not guarantee any specific result from use of this site. LEARNPORT INC. does not warrant that the information available on or through this Site is accurate, timely, or otherwise reliable.

Limitation on Liability

IN NO EVENT WILL LEARNPORT INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF LEARNPORT INC. IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEARNPORT INC.’s MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LEARNPORT INC. FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR $100, WHICHEVER IS GREATER.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE COMPANY RESERVES THE RIGHT TO AMEND AND MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME. IN THE EVENT THESE TERMS AND CONDITIONS CHANGE, THE COMPANY WILL POST THE AMENDED TERMS AND CONDITIONS ON THE SITE. IF YOU DO NOT AGREE WITH THE ORIGINAL OR AMENDED TERMS AND CONDITIONS AT ANY TIME, IT IS YOUR RESPONSIBILITY TO IMMEDIATELY STOP USING THE SITE AND SERVICES.

Indemnification

You agree to indemnify and hold LEARNPORT INC., its parents, subsidiaries, affiliates, officers, directors, and employees harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of (1) your access to this Site, (2) your use of the materials on, accessed through or downloaded from the Site, (3) your violation of theses Terms of Service, or (4) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity in connection with your use of this Site.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You must review this Privacy Policy by clicking this link.

Links to Third Party Website

This Site includes links to third-party websites. We are not responsible for the contents, accuracy, or opinions expressed in such websites, and we do not investigate or monitor such websites for accuracy or completeness. If you decide to leave our Site and access these third-party websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of such third-party websites will apply to you while on any third-party websites.

Choice of Law and Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws rules. The exclusive jurisdiction and venue of any legal proceedings arising out of these Terms of Use shall be the state or federal courts located in Sacramento, California, and each party agrees not to request the Sacramento-based federal court to transfer any litigation to a federal court located elsewhere.

Severability

If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.

Acceptance of Terms

User acknowledges that User has read and understood the Terms of Use for LEARNPORT INC., the Site and all LEARNPORT INC. Services.