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Terms of Service

LearnItFirst.com LLC - Terms of Use/Legal

1. Introduction

1.1 Thank you for choosing LearnItFirst.com LLC (parent company) to be your video training provider. We hope you enjoy your learning experience and thank you for your business. These Terms and Conditions of Use (the "Agreement" or elsewhere referred to as either the "Terms of Use", "Terms of Service", or "TOS") govern your use of the Internet-based learning service and training videos operated by LearnItFirst.com LLC ("Service"). The Service consists of training videos, computing and information services and software, information, and other content provided by LearnItFirst.com LLC and its affiliates (collectively "LearnItFirst") and its third party licensors.

1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, subscribing to the service (know as a "Subscriber"), downloading a video, or by purchasing any of our products. LearnItFirst reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.

1.3 If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. LearnItFirst is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.

1.4 This Agreement is the entire agreement relating to its subject matter between you and LearnItFirst, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.

1.5 This agreement exists between LearnItFirst and the Subscriber and is in effect for all websites owned by LearnItFirst.

2. Grant of License:

2.1 LearnItFirst grants you, as a registered subscriber, the right, with a standard web browsing program not supplied by LearnItFirst ("Browser") to use the Service and the information, software, photographs, audio and video clips, graphics and other material contained on the Service (collectively, the "Content") solely for your own individual (non-commercial) use on up to two personal computers or other device capable of displaying the Content. You may not share your access (and logon credentials) to the Service with others without the prior written permission of LearnItFirst.

2.2 We ask that you do not share more than one or two videos with co-workers or friends; we'd prefer you to invite them to become subscribers. Instead of sharing our videos with friends and co-workers, we ask that you direct your colleagues to our website and encourage them to download our free videos. We rotate our free videos out often so they could stop by each month and get fresh content for free. By file sharing and/or publishing our videos on Peer-to-Peer (P2P) networks, we lose customers and profits. Without a profit, we simply cannot afford to offer this great service at these low prices. We have chosen not to include any digital rights management practices in favor of using the "Honor System"; we hope you respect to this policy.

3. Use of Service Content:

3.1 You acknowledge that the Service and all Content are protected by copyright, trademark, or other proprietary rights of LearnItFirst, its affiliates or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service.

3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software and/or videos may not be reverse engineered unless specifically authorized by its proprietor.

3.3 You may download or copy the Content only for your own individual use. You are allowed to store electronically the video downloaded but only on up to two personal machines. Except as may be expressly permitted by U.S. copyright laws, no additional copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such Content.

4. System Requirements

4.1 By subscribing to this service, subscribers acknowledge that they have read the System Requirements and meet all the criteria.

5. No Endorsement:

5.1 The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that LearnItFirst is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

6. Subscriber Qualifications:

6.1 As part of the registration process, you will provide LearnItFirst with your chosen user id (your email address) and password along with your mailing address (for tax reporting purposes). You must provide accurate, complete, and current registration information and you agree to provide LearnItFirst with any updates to that information promptly after such changes occur. You also agree not to share your signup information (email and password) with colleagues or friends - please encourage them to sign up for our subscriptions so that our costs are lowered (making the cost for subscriptions lower). You also agree that, if your email address is found to be invalid for any reason, your account can be suspended/disabled indefinitely or until LearnItFirst.com, LLC employees decide to resume service. Notice will not be sent out by LearnItFirst.com in the event of a disabled account due to an invalid email address.

6.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.

6.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

6.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

7. Subscriber Information, Privacy:

Your participation in the Service is subject to our Privacy Policy.

8. Service and System Availability:

8.1 LearnItFirst uses reasonable efforts to maximize system availability. LearnItFirst shall make a reasonable effort to correct any technical difficulties which may arise with the Service, however, LearnItFirst is not responsible for any Service down time however it may choose to extend any Subscriber's subscription period at its sole discretion for this reason. LearnItFirst is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, computer hardware or software. A Subscriber is allowed to download literally hundreds of videos from LearnItFirst websites per day provided that each website's downloads do not exceed the limits outlined below. Due to bandwidth costs and security concerns, usage restrictions are in place to ensure that we can continue to provide you this service at such a low price. Each subscriber is allowed to download up to two hundred (200) videos from this website per 24-hour period. If you attempt to exceed this amount, you will be redirected to an error page describing the problem. These downloads reset at midnight, Central Standard Time (USA). You are also only allowed to download the exact same video from the exact same website three times in a 30-day period. If you attempt to exceed this amount, you will be redirected to an error page describing the problem.

9. Indemnity:

9.1 You hereby agree to indemnify, defend and hold LearnItFirst, and all of its officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, "Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by LearnItFirst or any Representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. LearnItFirst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LearnItFirst's defense of such claim.

10. Termination of Service:

10.1 LearnItFirst reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time without prior notice or liability and without any obligation to refund any portion of fees paid for any of the following reasons:
  1. Sharing of account among multiple persons (as described in 2.1 and 2.2 above)
  2. Providing false contact information (including but not limited to such information as your name or providing an invalid email address
  3. Creating multiple accounts in an attempt to 'cheat' our system into allowing you to qualify for specials, coupons, discounts, and other promotions
  4. Annoying customer support personnel too often with questions like, 'Can I have a puppy?' or 'Why is the sky blue?'
  5. Attempting to 'cheat' our system in any way
  6. You are the ex-girlfriend of an employee and that employee doesn't like you anymore
  7. Violation of other terms outlined in this agreement
While we do not expect the need for this clause to arise, we do reserve this right.

10.2 LearnItFirst may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. Again, while we do not expect the need for this clause to arise, we do reserve this right.

11. Disclaimer of Warrantees; Limitation of Liability:

11.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF LEARNITFIRST, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER LEARNITFIRST NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES LEARNITFIRST, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.

11.2 NEITHER LEARNITFIRST, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LEARNITFIRST, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED AT MOST TO THE COST OF THE SUBSCRIBER'S CURRENT SUBSCRIPTION.

12. Refunds and Credits

12.1 If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. LearnItFirst is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.

13. Money-back Guarantee

13.1 LearnItFirst feels very strongly that, if a first-time subscriber (defined as someone who has never had a subscription to the Service for the particular website in question)is not satisfied with the content, the selection or the video quality within the first seven days after joining the Service, LearnItFirst will refund 100% of the Service fee for that website. The only exception is a Subscriber who has downloaded more than ten different videos within their first seven days after joining. After downloading ten different videos from said website, the Subscriber waives their right to a refund and LearnItFirst is not obligated to refund any portion of fees paid.

14. Violation of Terms outlined in this Document

14.1 Any Subscriber suspected of violating the terms outlined in this Agreement will have their account suspended while the account is under investigation. While the account is under investigation, any time will be "on hold" and, if the Subscriber is cleared of all charges, the time on the site will be extended in good faith. Any Subscriber who is not cleared of all charges will have their account terminated and all access revoked without refund. LearnItFirst reserves the write to prosecute offenders to the fullest extent of the law.

15. Miscellaneous:

15.1 This Agreement shall be construed in accordance with the laws of the State of Texas, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Collin County, Texas. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 5, 7, 8, 10, 11, 12, 13, 15 and 15 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.

15.2 This Agreement is the entire agreement relating to its subject matter between you and LearnItFirst, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
   
 
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11/20/2008 2:42:34 PM