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1. Acceptance of the Terms of Service

Welcome to LearnLocal.com! (a.k.a. "we" or "us" or the "Company"). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of www.learnlocal.com, including any content, functionality and services offered on or via LearnLocal.com (the "Website"). The Terms of Service also include our Privacy Policy, which you can review here: http://www.learnlocal.com/privacy-policy

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using LearnLocal, because by using the Website you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at help@learnlocal. LearnLocal is all about collaborating for improving legal documents, and we'll be happy to hear your comments and suggestions.

2. Changes to the Terms of Service and the Website

LearnLocal is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on LearnLocal, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Website, Security and Privacy

We constantly work hard on improving LearnLocal, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data or financial loss (see also section 7 below).

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using LearnLocal in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend that you choose a strong password (e.g. "correcthorsebatterystaple") and that you log out from your account at the end of every session.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.  

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • are 13 years of age or older;
  • will comply with these Terms;
  • are able to form a binding contract with us;
  • are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
  • are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
  • will not impersonate another user of the Sites and/or Services.

 

b. Business Use

 

If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.

 

4. Intellectual Property Rights and Use Guidelines.

Unless otherwise stated, the Website and its entire content, features and functionality (including look!), are owned by LearnLocal and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material and user content, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: help@learnlocal.com

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.   We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services. 

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.  For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination. 

5. User Contributions and Content Standards. Special Disclaimer for legal content.

LearnLocal contains user generated content, and also may contain (in the future) message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

6. Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
  5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 The notice should be addressed to help@learnlocal.com, or via snail mail to LearnLocal, LLC, 1221 State Street, #5, Santa Barbara, CA 93101.

7. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of LearnLocal is at your sole risk. The service is provided "as is" and "as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

8. Geographic Restrictions

For now, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. 

10. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LearnLocal and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

11. Feedback

We welcome any comment, question and communication at help@learnlocal.com 

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

1. Purchasing Products and Services (“Items”)

LearnLocal provides consumers with opportunities to purchase certain products and services (each “Item,” and collectively, “Items”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified.  Merchants display their Items on the site and lay out the terms of purchase, collectively called the Offer.  If you purchase an offer you will receive an electronic voucher which outlines the Offer purchased along with terms (“Voucher”).  The Voucher serves as proof of purchase and can be exchanged for Merchant goods and services as outlined by the Offer.

By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Offer copy (defined below) and/or any additional voucher-specific terms related to 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 these Terms and the Fine Print on a Voucher, the Fine Print will prevail, except to the extent prohibited by applicable law.

How it Works

By purchasing an Offer, you are agreeing to purchase the Offer you have selected with the terms, restrictions and conditions associated with the Offer. Once you have placed your order, you will receive a unique Voucher which serves as confirmation of your purchase including all terms of the Offer.  Your credit card or other payment mechanism will be charged for the amount of the Offer. We will notify you by email when the Voucher for the Offer is ready to be used. You are required to create an Account in order to purchase any Offer so we can collect information to allow you to pay for your Offer and so we can provide you with easy access to print your Vouchers, apply your Vouchers to specific services, products, scheduled classes or events, view your past purchases and modify your preferences.

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 you can redeem a Voucher, as well as other Offer-specific limitations, so always read carefully.

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 you, 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 to you separately by the Merchant at the time you redeem the Voucher.

 

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

Sometimes we 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 you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Offer for another date or time for any reason. No full or partial refunds are given to customers 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 us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Offer is rescheduled, our email to you will include the new date for the Date-Specific Offer. If you cannot make the new date for the Date-Specific Offer, you 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 you the Paid Portion.

Refunds

Except as explicitly stated otherwise in the terms of a specific Offer, if You change your mind about purchasing an Offer, just contact us within seven (7) days of your purchase and/or 3 days prior to use date for Date-Specific Offers and LearnLocal will refund the Paid Portion of any unredeemed Voucher to Your purchasing credit/debit card or other payment mechanism. In addition, LearnLocal will always honor your request for a refund of the Paid Portion of any unredeemed Voucher if the Merchant goes out of business before the promotional period expires.

We want you to be happy with your LearnLocal experience. If you have trouble redeeming Your Voucher for any reason, please contact us so we can work with the Merchant to resolve your issue.

Merchant is the Issuer

The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you 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. You hereby irrevocably waive all rights related to, and release LearnLocal and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.

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. Some of our Offers are limited in number. Any attempt by you 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, will void your purchase and may subject your Account to termination. 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.

Transferability of Vouchers

The purchaser of a Voucher does not have to be the person that redeems a Voucher.  All Vouchers are fully transferable.  Merchant may require information specific to the person using the Voucher (the “User”).  User will need to adhere to LearnLocal terms as well as any Terms the Merchant requires.

2. Other Services

In addition to our Offers, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription.

3. LearnLocal Points

“LearnLocal Points” are a form of LearnLocal currency that may be applied as a credit only towards the purchase of Vouchers and LearnLocal Credits. LearnLocal Points do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of LearnLocal Points is strictly prohibited. LearnLocal Points are issued in country-specific currency. You can only use LearnLocal Points on Vouchers that accept the currency of the home account in which your LearnLocal Points are issued. If you have purchased Vouchers or had other interactions with us in different geographic locations, it is possible that you might have LearnLocal Points in more than one currency. To help ensure that all of your LearnLocal Points land in your account and are available for your purchases when you need them, we assign you a “primary currency.” Your primary currency will be the currency of the country in which you first purchased a Voucher. If you have not purchased a Voucher, your primacy currency will be the currency of the country in which you first joined LearnLocal.  We reserve the right to control the value of each point, expiry and how they may be redeemed. 

4. LearnLocal Gift Cards

The LearnLocal Gift Card program allows you to purchase and send a virtual Gift Card via email or LearnLocal Notifications. You can send a Gift Card to anyone with an email address.  You may choose any dollar value between $5 and $1000 and complete your purchase using a credit card or debit card account. You will need the email address for the recipient of your Gift Card or you can pick from a list of your LearnLocal friends. You may choose when to have your Gift Card delivered: either the same day, provided that your form of payment is approved, or at a future date. Your credit card or debit card will be charged at the time you purchase your Gift Card regardless of the date you choose for delivery.

The recipient of your Gift Card will receive an email or LearnLocal Notification telling them that they have received a Gift Card from you. If the recipient does not have a LearnLocal account they will be need to create one.  He or she can log into their account and accept their Gift Card.  The value of the Gift Card will be added to their Account Balance in LearnLocal Credits which they can use in place of cash towards partial or full payment for any class, service or product offered on LearnLocal.com.   You will receive an email confirming the recipient’s receipt of your Gift Card when the email is opened.

Each Gift Card has a unique account number and can only be accepted by one LearnLocal account.  Cards have no cash value and cannot be redeemed for cash.  Cards cannot be accepted multiple times or by multiple accounts.

Refunds can only be given for Gift Cards that have not been accepted, with the original receipt you will receive once your purchase is complete.  Refunds will be given to the original purchaser.  Once a refund is given the Gift Card cannot be accepted.

Fees and Expiration of Gift Card Balances

LearnLocal does not charge any fees for the issuance, activation or use of a LearnLocal Gift Card. Your LearnLocal Gift Card has no expiration date.

5. LearnLocal Credits

LearnLocal Credit Value

LearnLocal Credits are on par with the currency used to purchase them (“funding currency”).  1 LearnLocal Credit purchased in USD is equal to $1 USD at the time it is used to make a purchase.  Credits can only be used to make purchases through LearnLocal.  Credits can only be used to make purchases from Merchants that accept the funding currency used to purchase a credit.

Fees and Expiration of LearnLocal Credits

LearnLocal does not charge any fees for the issuance, activation or use of a LearnLocal Credits. Your LearnLocal Credits have no expiration date.

Receipts and Statements - LearnLocal Credits

Members are not sent statements of itemized transactions from their LearnLocal Account. You can check the balance of your LearnLocal Credits Account or review recent transactions on your LearnLocal Account by logging in to LearnLocal.com and viewing your account page. When you use your LearnLocal Credits to purchase an Offer it will be reflected on the Voucher you receive which also acts as your receipt. You should keep your receipts and check your online statement to ensure that your Account Balance is correct

Billing Errors, Corrections

We reserve the right to correct the balance of your LearnLocal Account Balance if we believe that a clerical, billing or accounting error or fraud occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your LearnLocal Account Balance, please contact us. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Registration, Liability for Unauthorized Transactions

Because LearnLocal Account Card is used like cash for purchases from our Merchants, you are responsible for all transactions associated with your LearnLocal Credits, including unauthorized transactions. However, if your LearnLocal Account is compromised, your LearnLocal Credits can be replaced with the balance remaining on it at the time of your contact.

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

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