Table of Contents
- Your Agreement to the Terms.
- Changes to the Terms.
- Provision of the Websites and Services.
- No Financial or Legal Advice.
- Refund Policy
- Location of the Websites and Services.
- User Conduct.
- Terms Relating to Content on the Websites and Services.
- Third Party Websites and Content; Links.
- DISCLAIMER OF WARRANTIES.
- LIMITATION OF LIABILITY.
- Copyright Complaints.
- Termination of this Agreement.
- Miscellaneous Terms.
Please read these terms carefully because they apply to your use of all of the websites that eLearn Life Skills, LLC operates (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). Websites include, but are not limited to, the websites operated at https://www.elearnlifeskills.com, and https://www.suremeasureplans.com (collectively, together with all sub-domains thereof).
eLearn Life Skills, LLC is a Tennessee company, whose mailing address is 5865 Ridgeway Center Parkway, Suite 371, Memphis TN 38120, United States.
Unless otherwise agreed in writing with eLearn Life Skills, your use of any Website or Service will always be subject to, at a minimum, to the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and eLearn Life Skills in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
2. Your Agreement to the Terms.
YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms.
From time to time, eLearn Life Skills may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by eLearn Life Skills in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and eLearn Life Skills that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicates that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services.
eLearn Life Skills makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular, but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.
5. No Financial or Legal Advice.
eLearn Life Skills is not a financial nor a legal services firm and does not provide financial or legal advice. In particular, but without limitation, use of any of eLearn Life Skills tools or licenses and/or using any Services relating to eLearn Life Skills’ tools or licenses does not constitute financial advice. You are advised to consult with your own financial adviser before using eLearn Life Skills’ tools or licenses. eLearn Life Skills provides all Websites, Services, information, tools and licenses on an “as-is” basis. eLearn Life Skills makes no warranties regarding any information, tools or licenses provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.
6. Refund Policy
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds.
An exception to this policy is for our product Sure Measure, our business financial forecasting software. If you are not satisified with Sure Measure for any reason, you can get a full refund anytime within 30 days after your purchase. Sure Measure will be deactivated and rendered unusable when the refund is granted.
For all other products, refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase. All refunds will be issued to the original form of payment. Please allow 2-7 business days from the date of issue for your refund to appear in bank and credit card statements.
7. Location of the Websites and Services.
The Websites and Services are controlled and offered by eLearn Life Skills from its facilities in the United States of America. eLearn Life Skills makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (defined in Section 9, below) hosted on websites located outside of the United States of America.
8. User Conduct.
Users agree not to use the Websites or Services to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or in addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
9. Terms Relating to Content on the Websites and Services.
Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, computerized files, music, audio files, or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to.You acknowledge that eLearn Life Skills does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is eLearn Life Skills liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
Licenses Associated With Content on the Websites and Services.
i. eLearn Life Skills Content:
Content You Provide.
You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. eLearn Life Skills may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that eLearn Life Skills determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. eLearn Life Skills does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize eLearn Life Skills to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and eLearn Life Skills will take reasonable steps to promptly remove such Content; provided, however, that eLearn Life Skills can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a eLearn Life Skills email list. If you choose to remove your Content, the eLearn Life Skills license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
10. Third Party Websites and Content; Links.
The Websites or Services may contain links to websites not controlled by eLearn Life Skills (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than eLearn Life Skills (“Third Party Content”). You acknowledge that eLearn Life Skills is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply eLearn Life Skills licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears an eLearn Life Skills license. You further acknowledge that eLearn Life Skills (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
11. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ELEARN LIFE SKILLS OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ELEARN LIFE SKILLS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT `DEFECTS WILL BE CORRECTED, OR THAT ELEARN LIFE SKILLS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELEARN LIFE SKILLS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
12. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ELEARN LIFE SKILLS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE ELEARN LIFE SKILLS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE ELEARN LIFE SKILLS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ELEARN LIFE SKILLS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
You agree to indemnify and hold harmless the eLearn Life Skills Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the eLearn Life Skills Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
The Websites and Services may contain trademarks, service marks, logos and other names that are the property of eLearn Life Skills or such other party as indicated with respect to that name or icon. In the case of eLearn Life Skills’ trademarks, logos and icons, these may only be used with permission.
16. Copyright Complaints.
eLearn Life Skills respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third Party Websites is the responsibility of those Websites, and not of eLearn Life Skills, regardless of whether the Content bears an eLearn Life Skills license. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
17. Termination of this Agreement.
These Master Terms and any Additional Terms will continue to apply until terminated by either you or eLearn Life Skills as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.
eLearn Life Skills may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as eLearn Life Skills deems appropriate in its sole discretion.
Your access to, and use of, the Websites or Services may be terminated by you or by eLearn Life Skills at any time and for any reason. eLearn Life Skills will use reasonable efforts to notify you in advance about any material modification, suspension or termination by eLearn Life Skills that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
18. Miscellaneous Terms.
These Master Terms and any Additional Terms are governed by and construed by the laws of the State of Tennessee, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between eLearn Life Skills and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Western District of Tennessee, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and eLearn Life Skills as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and eLearn Life Skills relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by eLearn Life Skills from time to time) between you and eLearn Life Skills. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
Last Update: September 27, 2022
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