Terms and Conditions of Use
THE LEARNWAKE.COM WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS LEARNWAKE.COM MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
LearnWake, LLC, 301 N HWY 27, Unit A, Clermont, FL 34711
- “learnwake.com,” “Website,” or “Site” refers to the website maintained on the World Wide Web by LearnWake, LLC available at http://www.learnwake.com.
- “User” refers to any party who accesses the Site.
- “Subscriber” refers to any party who accesses the Site.
- “Access” means accessing, viewing the content or otherwise obtaining information located at the Site.
- “Agreement” refers to these terms and conditions of use and any subsequent modification.
3. Acceptance of Terms.
User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, telephone or other equipment.
4. Authorized Use.
LearnWake, LLC hereby grants to You a non-exclusive license to use and Access the content and information available at the Site according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of the this Agreement.
The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. The term “monthly subscription” is defined as a calendar month. The monthly subscription will be renewed automatically each calendar month unless You cancel the subscription. The term “yearly subscription” is defined as one calender year. The yearly subscription will be renewed automatically each calendar year unless You cancel the subscription.
6. Access to the Site.
LearnWake, LLC strives to provide the Site to its Subscribers on a continuous basis. To that end, LearnWake, LLC will take all commercially reasonable efforts to provide uninterrupted Access to the Site to its Subscribers. However, from time to time, Subscribers may be unable to Access the Site due to conditions beyond LearnWake, LLC’s control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Site to its Subscribers, LearnWake, LLC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by LearnWake, LLC.
LearnWake, LLC endeavors to provide the highest quality content to its Subscribers. To that end, LearnWake, LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
7. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects LearnWake, LLC’s computers or databases;
- Otherwise engage in any action which LearnWake, LLC determines is detrimental to the use and enjoyment of the Site.
- Capture, download, save, upload, otherwise retaining information and content available on the Site other than what it expressly allowed by the terms of this Agreement;
- Permit or provide others Access to the Site using Your username or password or otherwise.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; “deep link” to the Site content;
- Violate learnwake.com’s security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device or other means to harvest information about other Users.
In order to ensure that Users of the Site do not engage in Prohibited Conduct, LearnWake, LLC reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by LearnWake, LLC
LearnWake, LLC warrants that the software that allows Users to Access the Site (“Software”), if operated as directed, will substantially achieve the functionality described. LearnWake, LLC does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
LearnWake, LLC also warrants that the media containing the Software, if provided by LearnWake, LLC, is free from defects in material from the date You acquired the Software. LearnWake, LLC’s sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Software. Only if You inform LearnWake, LLC of Your problem with the Software within thirty (30) days of discovering the problem will LearnWake, LLC be obligated to honor this warranty. LearnWake, LLC will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although LearnWake, LLC has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
9. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LEARNWAKE, LLC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT LEARNWAKE, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL LEARNWAKE, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LEARNWAKE, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LEARNWAKE, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LEARNWAKE, LLC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LEARNWAKE, LLC IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF LEARNWAKE, LLC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
10. Third Party Content.
You acknowledge that LearnWake, LLC does not pre-screen third-party materials. LearnWake, LLC is not the publisher or speaker of any information on the Site that is provided by third-party content providers, and LearnWake, LLC is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by LearnWake, LLC. LearnWake, LLC assumes no responsibility for those products or services.
LearnWake, LLC may contain links and references to other third-party websites and materials. LearnWake, LLC does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. LearnWake, LLC does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. LearnWake, LLC reserves the right to terminate any link or remove any reference found on the Site at any time.
LEARNWAKE, LLC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, LEARNWAKE, LLC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights and Trademarks and other Proprietary Rights.
LearnWake, LLC or its third-party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by LearnWake, LLC or a third-party who licensed the right to use such content to LearnWake, LLC Unless otherwise expressly noted, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of LearnWake, LLC except as provided in this Agreement.
User agrees to defend, indemnify and otherwise hold harmless LearnWake, LLC and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s Prohibited Conduct or other improper or illegal use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. LearnWake, LLC will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Site. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.
14. Termination of Agreement.
In addition to LearnWake, LLC’s other rights, it may terminate this Agreement at any time and at its discretion. LearnWake, LLC may also terminate Access to the Site or cancel subscriptions to the Site without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that LearnWake, LLC deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.
15. Privacy Statements.
LearnWake, LLC values Your trust. In order to honor that trust, all of LearnWake, LLC’s employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information LearnWake, LLC collects is: name, address, city, state, postal code, telephone number, and e-mail address. LearnWake, LLC does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified LearnWake, LLC employees. Third parties who need access to learnwake.com User information in order to provide operational or other support services are required by LearnWake, LLC to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.
17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by Florida law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and LearnWake, LLC shall be finally resolved through binding arbitration in Clermont, Florida and each User consents to exclusive jurisdiction and venue in Florida for such purpose. Any dispute arising out of this Agreement shall be governed by the laws of the State of Florida, U.S.A., notwithstanding any conflicts of law principles.
If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. LearnWake, LLC’s failure to insist on strict performance of any of the terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.