LearnBop User Agreement

Last Updated: April, 2013

Welcome to the website ("Site") for LearnBop, Inc ("LEARNBOP"). This User Agreement, including our Privacy Policy, governs your use of the LEARNBOP Site.

Please read this User Agreement carefully, because by visiting or using the LEARNBOP Site, you agree to follow its rules. This document (the “User Agreement” or the “Agreement”) is a legal contract that describes the conditions under which users (“you”) are permitted to use the Site.

By using the Site, you agree to be bound by this contract. If you do not accept the Agreement, do not use the Site.

Changes To The Agreement

We may modify this Agreement at any time, so we encourage you to review it periodically before using the Site. To assist you in doing this, we will make the most recent version of the Agreement available on the Site, and we will indicate at the top of the Agreement the most recent date when it was modified.

By continuing to use the Site after we modify the Agreement, you accept the new version of the Agreement. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. If you do not agree to the changes, you should not continue to use the Site and should instead contact us by emailing info [at] learnbop [dot] com

Security

In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.

Without limitation, you agree not to attempt to:

  1. Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
  2. Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  3. Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
  4. Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
  5. Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
  6. Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
  7. Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes how LEARNBOP handles any personally identifying information collected from visitors to the LEARNBOP Site.

Copyright

Website Materials. Copyright on this Site and all materials included in it is owned by or licensed to LearnBop, Inc and all rights are reserved. You must abide by all copyright notices and restrictions contained on this Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including computer programs or other code) ("Site Materials"), unless we have specifically authorized you to do so and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.

Trademarks

LEARNBOP, LearnBop, Inc, the Learbop Round Logo, and other logos on the LEARNBOP Site are trademarks owned by LearnBop, Inc ("LEARNBOP Trademarks"). You may not use the LEARNBOP Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Links, Frames, and Metatags

You may link to the home page of the LEARNBOP Site as long as the link does not cast us in a false or misleading light.

You may not frame the content of the LEARNBOP Site. You may not use metatags or any other "hidden text" that incorporates the LEARNBOP Trademarks or our name without our express written consent.

Links to Other websites

This Site may contain links to other websites, including sites for LearnBop, Inc affiliates. This User Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.

Disclaimer and Limitation of Liability

THIS SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. LEARNBOP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEBSITE, NEITHER LEARNBOP NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OR INJURY OF ANY KIND CAUSED BY ANYTING, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL OR ANY CLAIM FOR DAMAGES DEFINED AS, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES,

THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. LEARNBOP MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE. LEARNBOP USES A CLOUD COMPUTING SERVICE AND, AS SUCH, LEARNBOP CANNOT BE HELD LIABLE FOR ANY AND ALL TECHNICAL DIFFICULTIES OR FAILURE WHICH OCCURES ON THE LEARNBOP SITE. LEARNBOP SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY TECHNICAL ISSUES EXPERIENCED AS A RESULT OF THE USE OF THE LEARNBOP SITE.

IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE).

You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

Governing Law; Integration; No Waiver; Severability; Termination

You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles which would result in the application of the laws of another State, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of New York. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of New York, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement, along with the Privacy Policy incorporated within it by reference, constitutes the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Site.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Limitation Of Scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Site.

No provision of this Agreement or the Privacy Policy may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.


LEARNBOP Privacy Policy

This is the Privacy Policy for the website ("Site") for LearnBop, Inc ("LEARNBOP"). Your privacy is very important to us and we are committed to protecting it. We understand that our visitors and enrolled students need to be in control of their personal data. This Privacy Policy explains how and why we collect personal data from you and how we use it. Our Privacy Policy is designed to ensure that you are aware of how your personal data is being used and to provide you with choices about that use.

By visiting the LEARNBOP Site or submitting your personally identifiable information to us, you accept the terms described in this Privacy Policy. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page. Your continued use of the Site after any modification indicates your agreement to the new terms.

Collection and Use of Personal Data

Personally Identifying Information. When you register as a member, order our materials, request information, or enroll in our online tutorials, we will use our registration screens and online forms to collect personally identifying information such as your name, postal address, e-mail address, educational background, educational goals and interests, and credit card information ("personal data"). We may also collect some or all of this personal data from you through our print enrollment forms. In addition, if you send us an e-mail or communicate with us offline, we may collect the personal data that you voluntarily provide us at that time.

We may use your personal data in the following ways:

If you do not want us to send you surveys and questionnaires, or to provide you with information about our other products and services, you can opt out of receiving this information by following the steps described below in the section entitled "Your Ability To Choose".

Anonymous Information. You can visit most pages on the LEARNBOP Site without giving us any personal data. Your visit may automatically provide us with anonymous data that is not linked to your personal data, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring website addresses. Some parts of the LEARNBOP Site use cookies to facilitate your use of the website and to track general traffic. You can learn more about these anonymous data collection devices in the section entitled "Cookies", below. We use your anonymous data to obtain general statistics regarding the use of the LEARNBOP Site and its specific Web pages and to evaluate how our visitors use and navigate our website on an aggregate basis. We do not link your anonymous data with your personal data.

We use a service provider to track and analyze non-personal data, such as usage and volume statistical information from site visitors. This anonymous data will not be linked to your personal data.

In an effort to provide you with the most relevant website content and marketing materials, we may also use embedded pixel technologies to help track site usage and response to our marketing campaigns. Again, the anonymous information we capture through this mechanism is not linked to your personal data.

Sharing with Third Parties

We share your data with service providers who help us to run the LEARNBOP Site or to fulfill your request. These service providers are restricted from using your personal data in any way other than for the service they are providing.

We may also share your data with some affiliated companies providing services that we think might interest you. If you do not want us to share your data with these affiliates, you can opt-out by following the steps described in the section entitled "Your Ability To Choose".

Transfer to the United States

If you are located outside of the United States, please note that the personal data you provide to us will be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer.

Your Ability To Choose

You can let us know if you do not want us to send you information by taking the following steps:

Cookies

We use cookies to allow you to move quickly through our site, to allow you to take advantage of some of the LEARNBOP Site's special features, and to collect information about your use of the LEARNBOP Site. A cookie is a string of information that is sent by a website and stored on your hard drive or temporarily in your computer's memory. Cookies are small files and won't pose any significant disk-space concerns. Some cookies used by the LEARNBOP Site may remain on the user's computer after they leave the website, but most are set to expire within 30-365 days. Cookies benefit you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. As we enable further customization of the site, cookies will help in assuring that the information provided to you will be relevant to your needs. You can disable our cookies using the cookie-menu on your Web browser, but doing so will prevent you from taking advantage of customization and certain security features. To learn more about cookies and browser functionality, search for "cookies" in the help function of your browser.

Security

LEARNBOP is concerned with the security of your personal data. To keep that data secure, we restrict unauthorized access through protective policies, procedures, and technical measures. In addition, LEARNBOP uses standard security protocols and mechanisms to transmit sensitive data such as credit card details.

Links to Other websites

This Site may contain links to other websites, including LEARNBOP’s affiliate company sites. This Privacy Policy covers only the LEARNBOP Site and not these other sites - including the affiliate company sites. Be sure to look for the privacy policies that govern your use of these other websites.

Promotions and Sales Policy

LEARNBOP reserves the right to offer promotions of this Site and other products and services to customers for any duration at no fee or at a reduced rate. All sales are final. If you are unsatisfied with your purchase, email info [at] learnbop [dot] com with your concerns.

Special Promotions

Schools and individuals that sign up for a free account between November 15, 2013 and December 31, 2013 are eligible to receive free access to the LearnBop system through June 30, 2014.

LearnBop reserves the right to deny eligibility for this promotional offer for any reason. Accounts created by individuals or schools after December 31st will not be eligible for this special offer.

Review and Correction; Questions

If you are a registered member of the LEARNBOP Site, you may review and update your personal data by clicking the "Update My Profile" icon on your membership page. If you have any questions about our treatment of your data, or if you wish to update your personal data, you can send an email to: info [at] learnbop [dot] com.


LEARNBOP.com
LearnBop, Inc
307 W 38th Street, Suite 1910
New York, NY 10018
info [at] learnbop [dot] com

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