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.
- 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
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.
- 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.
- 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 firstname.lastname@example.org.
- 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.