Welcome to LearningSpan.com (this “Site” or “Web Site”), an Internet-based courseware service provider brought to you by LearningSpan, Inc. (“LearningSpan”). LearningSpan, its affiliates and third-party courseware suppliers (“Training Partners") provide their services to you subject to the following notices, terms and conditions (this “Agreement”). In addition to the terms and conditions set forth in this Agreement, when you use any LearningSpan courseware service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such specific service. By accessing or using this Site, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you may not access or use this Site. In the event that any of the terms, conditions and notices contained herein conflict with the additional terms and conditions applicable to any LearningSpan service, then these terms shall control.
We reserve the right to modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of this Site shall be deemed your conclusive acceptance of the modified agreement.
DISCLAIMER
LEARNINGSPAN COURSEWARE SERVICES AND RELATED SOFTWARE, INFORMATION AND PRODUCTS ACCESSED OR PURCHASED DIRECTLY OR INDIRECTLY THROUGH THIS SITE (THE "SERVICES") ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED. LEARNINGSPAN AND ITS COURSE PROVIDERS HEREBY EXCLUDE ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE SERVICES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. LEARNINGSPAN AND COURSEWARE PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. LEARNINGSPAN AND COURSEWARE PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. LEARNINGSPAN AND COURSEWARE PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT COURSEWARE OR ANYTHING ELSE AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. LEARNINGSPAN AND COURSEWARE PROVIDERS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED.
Other Sites
You are encouraged to use discretion while browsing the Internet on searches initiated at this Site. The links contained in this Site may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws.
Limited License
By this Agreement, LearningSpan, subject to the terms of this Agreement, grants only a limited, non transferable and non exclusive license to access, explore and otherwise use this Site in real time and to use the materials in this Site in a manner consistent with paragraph 7 (Copyright and Trademarks) below.
User's Agreement
You agree to: (a) maintain all equipment required for your access to and use of this Site; (b) maintain the security of your user identification, password and other confidential information relating to your account with this Site; and (c) be responsible for all charges resulting from use of your account with this Site, including unauthorized use prior to your notifying LearningSpan of such use and taking steps to prevent its further occurrence by changing your password.
Privacy Policy
LearningSpan considers its Users' privacy to be of the utmost importance. Please see our Privacy Statement below for a detailed description of our information gathering and dissemination practices for this Site.
User Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with this Agreement. You agree to be financially responsible for your use of this Site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
LearningSpan is a registered trademark of LearningSpan, Inc. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Site or in any content are the sole property of their respective owners.
Indemnification
You agree to indemnify, defend and hold harmless LearningSpan, its officers, directors, employees, agents, Training Partners and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement or any activity related to your account and/or the use of this Site (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this Site using your service account.
Waiver, Release and Limitation of Liability
You agree that neither LearningSpan nor its officers, directors, employees, agents, Courseware Providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of this Site. You hereby release and forever waive any and all claims you may have against LearningSpan, its officers, directors, employees, agents, Courseware Providers or suppliers for losses or damages you sustain in connection with your use of this Site.
YOU AGREE THAT NEITHER LEARNINGSPAN NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH LEARNINGSPAN; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) RELIANCE ON THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
Notwithstanding the foregoing paragraphs, the total liability of LearningSpan, its officers, directors, employees, agents, Courseware Providers and suppliers, if any, for losses or damages shall not exceed $500.00. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of this Site are hereby excluded even if LearningSpan, its officers, directors, employees, agents, Courseware Providers or suppliers have been advised of the possibility of such damages.
Third Party Rights
The provisions of paragraphs 8 (Indemnification) and 9 (Waiver, Release and Limitation of Liability) are for the benefit of LearningSpan and its officers, directors, employees, agents, licensors, suppliers, and Training Partners. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its, his or her own behalf.
Term; Termination
Either you or LearningSpan may terminate your right to use this Site at any time, with or without cause or notice. The provisions of paragraphs 7 (Copyright and Trademarks), 8 (Indemnification), 9 (Waiver, Release and Limitation of Liability), 10 (Third Party Rights) and 12 (Law and Venue) shall survive any termination of this Agreement.
Law and Venue
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the products and services on the Site.
The Site Content and/or products and services available through the Site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.
LearningSpan controls the Site (excluding third party linked sites) from its corporate offices within the State of New Jersey, United States of America. LearningSpan makes no representation that content is appropriate or available for use in other locations, and accessing the Web Site or contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding choice of law principles. You agree that any legal action or proceeding between LearningSpan and you for any purpose concerning this Agreement or the parties’ respective obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Essex County, New Jersey, United States or the United States District Court for the District of New Jersey. Any cause of action or claim you may have with respect to this Site must be commenced within six (6) months after the claim or cause of action arises, or shall be forever waived and barred. LearningSpan’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LearningSpan may assign its rights and duties under this Agreement to any party at any time without notice to you.
Notice
LearningSpan may deliver notice to you under this Agreement by means of electronic mail, a general notice on this Site, or by written communication delivered by first class U. S. mail to your address on record in LearningSpan’s account information. You may give notice to LearningSpan at any time via electronic mail to LearningSpan or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
LearningSpan, Inc.
306C Hackensack St.
Wood Ridge, NJ 07075
Attn: Santo J. Pittsman
Electronic Mail: sjpittsman@learningspan.com
Third-Party Content
LearningSpan provides web sites, links and/or services allowing access to Training Partner sites from which Site users may purchase certain goods or services. You understand that LearningSpan does not operate or control the products or services offered by Training Partners. Except as otherwise indicated, Training Partners are responsible for all aspects of order processing, fulfillment, billing and customer service. LearningSpan is not a party to the transactions entered into between users of its site and Training Partners. You agree that use of the services and goods offered by this Site is at your sole risk and is without warranties of any kind by LearningSpan, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is LearningSpan liable for any damages arising from the transactions between its users and Training Partners or for any information appearing on Training Partner sites or any other site linked to this Site. LearningSpan will not be liable to users for any incidental, special or consequential damages of any kind that may result from use of or inability to use any LearningSpan service.
Third-Party Policies
Users who buy products or services from Training Partners will be deemed to be customers of such Training Partners. All rules, policies (including privacy policies) and operating procedures of such Training Partner will apply to users while on such Training Partner’s site. LearningSpan is not responsible for information provided by users to Training Partners. Training Partners and LearningSpan are independent contractors and none of such parties have authority to make any representations or commitments on behalf of the others.
Information and Press Releases
This Site contains information and/or press releases about LearningSpan. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than LearningSpan contained in the information and/or press releases or otherwise, should not be relied upon as being provided or endorsed by us.
Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
Privacy Statement
Information Collection and Use
LearningSpan may collect information from the users of LeraningSpan.com at several different points on our website.
Accessing Courseware
In order to use certain areas of this website, a user must first provide complete user identification and a password. This information is used to enable the user to access the courseware and permit LearningSpan to contact the user about the services on our site.
Sharing
We will share all information provided by the user, including information relating to the user’s use of the courseware with the applicable Training Partner and the party (generally, the user’s employer) whose has paid for and/or authorized user’s use of the courseware.
In certain instances, we may use a credit card processing company to bill users for goods and services. These companies do not have our permission to retain, share, store or use personally identifiable information for any secondary purposes.
We may partner with others to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on our website so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
