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Thank you for using LearnLocal!

LearnLocal’s products and services are provided by LearnLocal, LLC. These Business Terms of Service (“Business Terms”) govern your access to and use of LearnLocal’s website, products, and services (“Products”) for commercial purposes. Please read these Terms carefully, and contact us if you have any questions. By creating a Commercial Account, or by accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

1. Using LearnLocal

a. Who can use LearnLocal.

You may use our Products only if you can form a binding contract with LearnLocal, and only in compliance with these our Terms as well as these Business Terms and all applicable laws. When you create your LearnLocal account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

b. Our license to you.

Subject to these Business Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

2. Your Content

a. Posting content.

LearnLocal allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to LearnLocal.

b. How LearnLocal and other users can use your content.

You grant LearnLocal and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, link to, modify, create derivative works, perform, and distribute your User Content on LearnLocal solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights LearnLocal may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. How long we keep your content:

Following termination or deactivation of your account, or if you remove any User Content from LearnLocal, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, LearnLocal and its users may retain and continue to use, store, display, reproduce, link, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through LearnLocal.

This includes and is not limited to past class, instructor and lesson information which will show up under member’s archives.

d. Your responsibility for your content:

  1. To LearnLocal and our community. LearnLocal provides a creative and positive place for you and other users to discover, share and learn. To keep it that way, you must abide by our Terms. You also agree not to misrepresent yourself, your business and its capabilities.  Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.

ii.To third parties. LearnLocal respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to LearnLocal does not and will not violate any law or infringe the rights of any third party.

e. Feedback you provide:

We value hearing from our users, and are always interested in learning about ways we can make LearnLocal better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, LearnLocal does not waive any rights to use similar or related Feedback previously known to LearnLocal, or developed by its employees, or obtained from sources other than you.

3. Tools for Site Owners

a. Site Tools.

We offer products that web sites and developers can use to offer LearnLocal features and functionality to their users (e.g., Class Syndication, Checkin, Remote Class Calendars ) (“Site Tools”). You agree to use Site Tools only as documented by LearnLocal, and in compliance with our policies and branding guidelines. You may not place Site Tools on a site or service with content that would violate these Terms if displayed on our Products. You also agree that the LearnLocal features and functionality provided by our Site Tools will be provided solely by our Site Tools, except as otherwise authorized by LearnLocal.

b. Permissions.

i. By incorporating Site Tools into your site or service, you agree that LearnLocal may collect and use information from you and your users as described in our Privacy Policy. You also agree that LearnLocal may use automated methods to analyze your site or service where Site Tools have been incorporated.

ii. Some Site Tools allow you or your users to post or otherwise make available content in our Products. By using these Site Tools you give LearnLocal and its users’ permission to such content as set forth in Section 2(b). Nothing in this Section shall restrict other legal rights LearnLocal may have to the content.

4. Sale of your Goods and Services

LearnLocal provides businesses (each the “Merchant”), with opportunities to sell certain products and services (each an “Item,” and collectively, “Items”), except as otherwise expressly identified.  Merchants post a description of the Item through their account (“Offer”) which includes a description, price and any additional terms and conditions that go beyond the LearnLocal Terms.  When an Item is purchased an electronic receipt with unique ID (“Voucher”) is issued as proof of purchase.  Vouchers can then be redeemed and for the Item as described.

By publishing an Item for purchase, the Merchant agrees to LearnLocal’s Business Terms, the Fine Print included in the Voucher copy (defined below) and/or any additional voucher-specific terms related to the Item as defined by the Offer at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between LearnLocal Terms and the Fine Print on a Voucher, the Fine Print will prevail, except to the extent prohibited by applicable law.

a)  Businesses may only sell those Items which they are allowed to sell under United States and law.

b)  LearnLocal reserves the right to reject any Item for sale or Offer on the site if we deem that it is not in the best interests of LearnLocal or its members.

c)  LearnLocal may take a transaction fee from your sales - either as a percentage of the sale, flat fee or combination of the two (“Fees”).  Fees will be subtracted prior to the Merchant being paid.

d) Fees are negotiated as part of our Merchant approval process.  Each Merchant will receive a Fees Agreement that outlines all Fees.  Fees are subject to change.  If a change takes place the Merchant will receive an updated Fees Agreement and must confirm receipt for it to take effect.  When you post an Item for purchase you agree to pay the Fees as outlined by the Fees Agreement that is active at the time of sale.

e)  Unless a separate agreement is made, you will be paid for Items sold either seven days after the sale or within 48 hours of the Item being used - whichever is greater.  For example - if you sell a class on June 10th and the actual class occurs on June 11th, the earliest you would see your money is June 17th.  If you sell a class on June 10th and the class happens on August 15th you would receive your payment on or around August 17th.

f)   Once an Item is posted on the site and a sale is made, you agree to provide the Item as represented by your Offer - as outlined on the sale Voucher.  If you can’t provide the Item as described you agree to cancel the purchase at which time LearnLocal will refund the money to the Purchaser.

By listing an Item on LearnLocal, you agree to assume full responsibility for the content of the Offer, and to accept the following listing conditions: When you list an Item on LearnLocal, your Offer will be posted on LearnLocal and can be viewed by anyone that visits LearnLocal or through any of our partner or affiliate sites.   LearnLocal reserves the right to end your Offer for any reason.

 

How it Works

By placing an Item for sale, you become the “Merchant” and you are agreeing to provide the services or products as expressively stated on the Offer.  The Purchaser also agrees to abide by Terms and the fine print that is part of the Offer.

When an Offer is purchased, the Buyer gets a Voucher which has a unique ID and outlines the terms of the Offer they purchased.  The Voucher will be delivered electronically (to their account and/or to their email).

The Merchant will receive confirmation (electronically) once a Voucher has been purchased.  Merchant can also go to their Admin Panel on LearnLocal to see a list of all Vouchers sold and their status.

Once a Purchaser redeems a Voucher it is the responsibility of the Merchant to ensure the offer is marked “redeemed”.  Each Voucher number is unique and can only be redeemed once in the LearnLocal system.  If the Merchant fails to mark a Voucher redeemed - LearnLocal is not responsible if said Voucher is redeemed multiple times.

Offer Value and The “Fine Print”

In addition to the terms set forth herein, each Offer comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where the Purchaser can redeem a Voucher, as well as other Offer-specific limitations.  The Voucher will contain a description of what has been purchased and it is the responsibility of the Merchant to ensure the Items are provided as promised.

Vouchers can combine two separate portions that make up the Offer: (i) a paid portion equal to the amount you paid for the Offer (the "Paid Portion"); and (ii) at no additional charge to the Purchaser, a time-sensitive promotional portion for the balance of the value of the Offer if used by the promotional expiration date on the Voucher (the "Promotional Portion").

Vouchers

Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:

  • Vouchers must be redeemed in their entirety in one visit to a Merchant.
  • For Vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
  • Vouchers are not redeemable for cash.
  • Vouchers cannot be combined with any other coupons or promotions unless stated on the Voucher.
  • Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Neither LearnLocal nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
  • Duplicate use, sale or trade of a Voucher is prohibited.
  • Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged separately by the Merchant at the time the Voucher is redeemed.

 

Expiration Dates

The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.

Date-Specific Offers

Merchants can feature Offers that are date-specific, such as an Offer for a ticketed event or an Offer where you select a specific class date (“Date-Specific Offer”). Usually this means that the Voucher can only be redeemed on a single date or that the Buyer might have to choose from a list of available dates before he or she buys the Voucher.  In either case, the date selected will be identified on the Voucher, and the Voucher can only be redeemed on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. Buyer may not reschedule a Date-Specific Offer for another date or time for any reason. No full or partial refunds should be given to Buyers who fail to redeem a Date-Specific Offer on the date specified on the Voucher. If for some reason the Date-Specific Offer is canceled or rescheduled by LearnLocal or the Merchant, the Buyer should be notified prior to such cancelation or rescheduling. If the Date-Specific Offer is rescheduled, the Buyer should be offered a new date for the Date-Specific Offer. If the Buyer cannot make the new date for the Date-Specific Offer, the Buyer will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Offer is canceled and will not be rescheduled, we will automatically refund the Buyer their Paid Portion.

Refunds

Merchants have full discretion to set their own refund policy either as a blanket refund policy or on an Offer by Offer basis unless otherwise stated.

Exceptions

  • If your business can no longer offer the specific Product the Purchaser paid for as outlined on the Voucher, the Purchaser must get a refund.
  • If a Date-Specific product cannot be delivered at the specific date, time and place as outlined on the Voucher the Purchaser must be offered the opportunity to a refund if they choose to not modify the terms.

Cancellation Policy

Each Merchant should offer a specific Cancellation Policy that gives the Buyer the opportunity to either reschedule or get a refund should they give reasonable notice.

Merchant is the Issuer

As the Merchant, you are the issuer of the Voucher and are solely responsible for redeeming the Voucher. Merchant is also solely responsible for all Items it provides and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause the Buyer or user to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in an Offer, LearnLocal is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. Merchant hereby irrevocably waives all rights related to, and release LearnLocal and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from the sale, redemption and use of any of the Vouchers sold via LearnLocal.

Offer Availability

Some Offers are not available for purchase beyond certain geographical and jurisdictional boundaries. LearnLocal reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. LearnLocal does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. In the event that an Offer is limited in number, LearnLocal is not liable for any attempt by a Buyer to obtain more than the permitted number of Vouchers specified for a particular Offer, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses.  If such a thing does happen, Merchant has the right under our Terms to void the purchase.  Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.

Pricing Information

We may display discounts on our Sites in connection with each Offer. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

5. Copyright Policy

LearnLocal has adopted and implemented the LearnLocal Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Terms, Point 6 - Copyright Policy.

6. Security

We care about the security of our users. While we work to protect the security of your content and account, LearnLocal cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.

7. Third-party Links, Sites and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by LearnLocal. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from LearnLocal, you do so at your own risk and you agree that LearnLocal will have no liability arising from your use of or access to any third-party website, service, or content.

8. Termination.

LearnLocal may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2, 4(b), and 8-14 of these Terms.

9. Indemnity

You agree to indemnify and hold harmless LearnLocal and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

10. Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

LearnLocal SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LearnLocal takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNLOCAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL LEARNLOCAL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO LearnLocal FOR THE PAST THREE MONTHS FOR THE PRODUCTS.

12. Arbitration

For any dispute you have with LearnLocal, you agree to first contact us and attempt to resolve the dispute with us informally. If LearnLocal has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and LearnLocal agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that LearnLocal will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LearnLocal ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Barbara County, California or the United States District Court for the Central District of California, for any actions not subject to Section 12 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

14. General Terms

Notification Procedures and changes to these Terms. LearnLocal reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LearnLocal without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with LearnLocal in connection with the Products, shall constitute the entire agreement between you and LearnLocal concerning the Products and supersede any prior terms you have with LearnLocal regarding the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LearnLocal’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last Updated: June 14, 2013 @ 9:30 PM PST

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