Notices
Contents
- Privacy Policy
-
Security Overview
-
Taxes
-
Who Owns LearnYour WorkLife Services Account
Note: The organization using LearnYour WorkLife, LLC ("Company") Services and receiving these Additional Notices is referred
to as ("Client").
LEARNYOUR WORKLIFE, LLC TERMS OF SERVICE
By using Company websites, platforms, and or technology services ("Service"
or "Services"), Client is agreeing to be bound by the following Terms of
Service.
Client is agreeing to the following:
- LearnYour WorkLife, LLC is ("Company" or "Company's") and is the
provider of Services and these Terms of Service.
- Client is the company or user of Company services and is agreeing to
these Terms of Service (hereafter "Client" or "Client's").
LearnYour WorkLife, LLC ("Company") reserves the right to update and change
these Terms of Service without notice.
Violation of any of the terms below may result in the termination of the
Client account.
Account Terms
- Client is responsible for maintaining the security of their account and
passwords. Company cannot and will not be liable for any loss or damage
from Client's failure to comply with this security obligation.
- Client is responsible for all content they post and activity that occurs
under their account or Services (even when content is posted by others who
have their own logins under Client's account).
- Client may not use the Service for any illegal purpose or to violate any
laws in Company's jurisdiction (including but not limited to copyright
laws).
- Client must provide legal business name, doing-business-as name, a valid
email address, and any other information requested in order to complete the
setup process, receive invoices, and more.
Payment, Refunds, Upgrading and Downgrading Terms
- Any increase or decrease in user or employee quantity may result in a
new rate being charged at the next billing cycle. There will be no
prorating for increases or decreases in users or employees during a current
billing cycle.
- Any upgrade in plan level, plan type, or Service, may result in a new
rate being charged, pro-rata, during the current billing cycle and the new
rate being charged for the next full billing cycle. Client will be notified
in writing if this occurs. In-general, this is due to requests by Client.
If Client fails to pay for additional usage, Client's account will be
frozen and inaccessible until payment is made, or services will return to
the previous levels already paid for.
- Any downgrade in plan level, plan type, or Service, will not impact the
current billing cycle.
Client will be notified in writing if this occurs. In-general, this is due
to requests by Client. We feel like this is fair because (1) we typically
offer only one level of service for each product, so this isn't likely to
occur and (2) this is offset by the fact that increases or decreases in
employees, even in instances of mergers and acquisitions, does not impact
current billing period's costs due to user or employee counts.
- Downgrading Client's Service may cause the loss of features or capacity
of Client's account. The Company does not accept any liability for such
loss.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and Client shall be responsible for payment of all such taxes,
levies, or duties, excluding only United States (federal or state) taxes.
Where required, The Company will collect those taxes on behalf of taxing
authority and remit those taxes to taxing authorities.
Cancellation and Termination
- Client is solely responsible for properly canceling Client's account. A
phone request to our billing representatives, phone request to Client's
regular representative, or a letter to Company's notification office
address will cancel Client's account.
Notification Office Address: C/O Billing Department, 8220 Commonwealth Drive, Suite 100B, Eden Prairie, MN 55344.
- For the current license period, Client has 15 days from when Service
begins to cancel the current license period. Client will only be refunded
amounts paid that exceed (1) Company's setup fee, (2) fees agreed to for
Work initiated via Proposals governed by a Master Services Agreement
(separate document) and that Work's respective percentage of completion,
(3) fees agreed to for Work initiated via Proposals governed by a Master
Services Agreement (separate document) and that Work's respective
percentage of completion, and (4) deposits.
- For subsequent license periods, Client can cancel any time up to 15 days
after the subsequent license period begins. Client will only be refunded
amounts paid that exceed (1) Company's setup fee, (2) fees agreed to for
Work initiated via Proposals governed by a Master Services Agreement
(separate document) and that Work's respective percentage of completion,
(3) fees agreed to for Work initiated via Proposals governed by a Master
Services Agreement (separate document) and that Work's respective
percentage of completion, and (4) deposits.
- All of Client's content will be inaccessible from the Service
immediately upon completion of 15 days after the license period that just
finished. Within 90 days of the end of the license period, all Client's
content for Client's Service will be permanently deleted from all backups
and logs. This information can not be recovered once it has been
permanently deleted.
- If Client cancels the Service after 15 days after Service was activated
for the respective billing cycle or license period but before the end of
Client's current paid up license period, Client's cancellation will take
effect immediately and Client will not be charged again. However, there
will not be any prorating of unused time in the billing cycle.
- The Company, in its sole discretion, has the right to suspend or
terminate Client's account and refuse any and all current or future use of
the Service for any reason at any time. Such termination of the Service
will result in the deactivation or deletion of Client's Account or Client's
access to Client's Account, and the forfeiture and relinquishment of all
content in Client's account. The Company reserves the right to refuse
service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, any part of the Service
with or without notice.
- Prices of all Services are subject to change upon 15 days notice from
Company. Such notice may be provided at any time by posting the changes to
the LearnYour WorkLife marketing site
(s) or the Service itself. Pricing will not change during a license period.
- The Company shall not be liable to Client or to any third party for any
modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material Client
provides to the Service. All materials uploaded remain Client's.
- The Company does not pre-screen content, but reserves the right (but not
the obligation) in their sole discretion to refuse or remove any content
that is available via the Service.
- The look and feel of the Service is copyright © LearnYour WorkLife, LLC.
All rights reserved. Client may not duplicate, copy, or reuse any portion
of the HTML, CSS, JavaScript, or visual design elements without express
written permission from the Company.
- The Service software is solely owned by LearnYour WorkLife and is copyright© LearnYour WorkLife, LLC. All rights reserved. Client may not duplicate, copy, re-use, or reverse-engineer any portion of the HTML, CSS, JavaScript, PHP, or any code or visual elements without express written permission from the Company.
- All content provided by LearnYour WorkLife, LLC is copyright© LearnYour
WorkLife, LLC. All rights reserved. Client may not duplicate, copy, or
reuse any portion of the content provided or visual design elements without
express written permission from the Company. When services are terminated,
canceled by Client, or canceled by Company, access to LearnYour WorkLife
content will be removed.
General Conditions
- Client's use of the Service is at Client's sole risk. The service is
provided on an "as is" and "as available" basis.
- Technical support provided varies based on account.
- Clients understand that the Company uses third party vendors and hosting
partners to provide the necessary hardware, software, networking, storage,
and related technology required to run the Service.
- Client must not modify, adapt or hack the Service.
- Client must not modify another website so as to falsely imply that it is
associated with the Service or the Company.
- Client agrees not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service
without the express written permission by the Company.
- Company may, but have no obligation to, remove content and accounts that
we determine in our sole discretion are unlawful or violates any party's
intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any Service customer, Company employee or officer will
result in immediate account termination.
- Client understands that the technical processing and transmission of the
Service, including Client's content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable Client's account if
Client's usage significantly exceeds the average usage of other Service
customers. Of course, we'll reach out to the account owner before taking
any action except in rare cases where the level of use may negatively
impact the performance of the Service for other customers.
- The Company does not guarantee that (i) the service will meet Client’s specific requirements, (ii) the service will be 100% uninterrupted, timely, secure, or error-free (note the remedy for down time), (iii) the quality of any products, services, information, or other material purchased or obtained by Client through the service will meet Client’s exact expectations, and (iv) any errors in the Service will be corrected in a time period expected by Client.
- Client expressly understands and agree that the Company shall not be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if the
Company has been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or
transactions entered into through or from the service; (iii) unauthorized
access to or alteration of Client transmissions or data; (iv) statements or
conduct of any third party on the service; (v) or any other matter relating
to the service.
- The failure of the Company 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 Client and the Company and govern Client's use of the Service,
superseding any prior agreements between Client and the Company (including,
but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to info@learnyourworklife.com.
- Any new features that augment or enhance the current Service, including
the release of new tools and resources, shall be subject to the Terms of
Service. Continued use of the Service after any such changes shall
constitute Client's consent to such changes.
LearnYour WorkLife Service Level Agreement
Many companies rely on LearnYour WorkLife. That's why we guarantee 99%
uptime.
What is "uptime"?
"Uptime" refers to the period of time when LearnYour WorkLife is up and
running.
What happens if it's below 99%?
Our team is working so that we won't find ourselves in that situation. But
stuff happens, so if our uptime drops below 99%, and Client notifies us, we
will provide an automatic pro-rated credit under our SLA to our Clients on
Client's next billing cycle. That is the full limit of our liability under
this SLA.