Terms and Conditions
Online Use Terms and Conditions
Effective as of January 1, 2024
Use of Learn.net platform requires acceptance of the Learn.net Terms and Conditions.
Hosting Service Provider:
Learn.net, Inc.
, a Georgia corporation. THESE TERMS AND CONDITIONS BY AND BETWEEN THE END-USER AND THE HOSTING SERVICE PROVIDERARE INTENDED TO SUPPLEMENT THE UNDERLYING AGREEMENT (Defined Below). ACCESS TOTHE SERVICES IS AUTHORIZED ONLY ON CONDITION THAT THE END-USER ACCEPTS ALL OFTHESE TERMS AND CONDTITIONS.
1. Additional Definitions: “Services” means online training services provided by Training Service Provider. “Underlying Agreement” means the agreement between End-User and Training Service Provider relating to use of the Services.
“T&Cs” means these terms and conditions between Hosting Service Provider and End-User.
“Service Providers” means both the Training Service Provide and the Hosting Service Provider.
2. Services; Priority. Subject to these T&Cs, End-User may access and use the Services in accordance with the terms and conditions Underlying Agreement. In the event there is any conflict between these T&Cs and the Underlying Agreement, these T&Cs shall control.
3. Data Security. The Service Providers shall implement commercially reasonable data security procedures consistent with best practices in the industry to protect personal data from unauthorized access.
4. Intellectual Property Rights. The Hosting Service Provider is the sole and exclusive owner (or authorized licensee) of all intellectual property rights embodied in Hosting Service Provider’s online portal for access to the Services, hosting software and other related software, and other enabling technology. Any misuse, infringement, or misappropriation of any of Hosting Service Provider’s intellectual property rights shall constitute irreparable harm, and shall authorize Hosting Service Provider the unqualified right to specific performance and/or injunctive relief in addition to other remedies at law or in equity.
5. No Warranties. HOSTING SERVICE PROVIDER HEREBYDISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY.
6. No Liability. IN NO EVENT SHALL HOSTING SERVICEPROVIDER BE LIABLE TO END-USER OR ANY OTHERPERSON FOR DAMAGES UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FORANY DIRECT, ACTUTAL, INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF HOSTING SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. LIABIALITY FOR DAMAGES ARISING OUT OF THE USE OFTHE SERVICES SHALL BE LIMITED TO ANY LIMITATION OF LIABILIT PROVISION, IF ANY, THAT MAY BE PROVIDED IN THE UNDELYING AGREEMENT.
7. Governing Law; Jurisdiction and Venue. These T&Cs will be governed by the laws of the State of Georgia without reference to any conflict of law principles. The courts of Fulton County in the State of Georgia, USA and the U.S. District Court for the US District Court, Northern District of Georgia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these T&Cs.
8. No Assignment. End-User shall not assign these T&Cs or the Underlying Agreement or any right or interest under these T&Cs or the Underlying Agreement, nor delegate any work or obligation to be performed under these T&Cs or the Underlying Agreement, without the prior written consent of Hosting Services Provider. Any attempted assignment or delegation in contravention of this Section shall be void and ineffective.
9. Miscellaneous. These T&Cs constitutes the entire understanding of the parties with respect to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by the parties. The failure of Hosting Service Provider or End-User to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
Effective as of January 1, 2024
Use of Learn.net platform requires acceptance of the Learn.net Terms and Conditions.
Hosting Service Provider:
Learn.net, Inc.
, a Georgia corporation. THESE TERMS AND CONDITIONS BY AND BETWEEN THE END-USER AND THE HOSTING SERVICE PROVIDERARE INTENDED TO SUPPLEMENT THE UNDERLYING AGREEMENT (Defined Below). ACCESS TOTHE SERVICES IS AUTHORIZED ONLY ON CONDITION THAT THE END-USER ACCEPTS ALL OFTHESE TERMS AND CONDTITIONS.
1. Additional Definitions: “Services” means online training services provided by Training Service Provider. “Underlying Agreement” means the agreement between End-User and Training Service Provider relating to use of the Services.
“T&Cs” means these terms and conditions between Hosting Service Provider and End-User.
“Service Providers” means both the Training Service Provide and the Hosting Service Provider.
2. Services; Priority. Subject to these T&Cs, End-User may access and use the Services in accordance with the terms and conditions Underlying Agreement. In the event there is any conflict between these T&Cs and the Underlying Agreement, these T&Cs shall control.
3. Data Security. The Service Providers shall implement commercially reasonable data security procedures consistent with best practices in the industry to protect personal data from unauthorized access.
4. Intellectual Property Rights. The Hosting Service Provider is the sole and exclusive owner (or authorized licensee) of all intellectual property rights embodied in Hosting Service Provider’s online portal for access to the Services, hosting software and other related software, and other enabling technology. Any misuse, infringement, or misappropriation of any of Hosting Service Provider’s intellectual property rights shall constitute irreparable harm, and shall authorize Hosting Service Provider the unqualified right to specific performance and/or injunctive relief in addition to other remedies at law or in equity.
5. No Warranties. HOSTING SERVICE PROVIDER HEREBYDISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY.
6. No Liability. IN NO EVENT SHALL HOSTING SERVICEPROVIDER BE LIABLE TO END-USER OR ANY OTHERPERSON FOR DAMAGES UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FORANY DIRECT, ACTUTAL, INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF HOSTING SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. LIABIALITY FOR DAMAGES ARISING OUT OF THE USE OFTHE SERVICES SHALL BE LIMITED TO ANY LIMITATION OF LIABILIT PROVISION, IF ANY, THAT MAY BE PROVIDED IN THE UNDELYING AGREEMENT.
7. Governing Law; Jurisdiction and Venue. These T&Cs will be governed by the laws of the State of Georgia without reference to any conflict of law principles. The courts of Fulton County in the State of Georgia, USA and the U.S. District Court for the US District Court, Northern District of Georgia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these T&Cs.
8. No Assignment. End-User shall not assign these T&Cs or the Underlying Agreement or any right or interest under these T&Cs or the Underlying Agreement, nor delegate any work or obligation to be performed under these T&Cs or the Underlying Agreement, without the prior written consent of Hosting Services Provider. Any attempted assignment or delegation in contravention of this Section shall be void and ineffective.
9. Miscellaneous. These T&Cs constitutes the entire understanding of the parties with respect to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by the parties. The failure of Hosting Service Provider or End-User to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
