The Learning
Xchange > About Us > Terms of
Service
THE LEARNING XCHANGE TERMS
OF SERVICE: OVERVIEW
Thank you for taking the time
to read The Learning Xchange Terms of Service (TOS).
The most important rules in
plain English are as follows:
Please treat the site, and others whom you may encounter in using the site, as you wish to be treated. This is intended as a family site, which means that we do not allow disrespectful behavior, profanity, or adult content of any kind. By using The Learning Xchange, you agree to a.) keep it that way, b.) use it with respect, and treat others with respect, and c.) leave the service at least as good as when you began using it. In addition, you intend to do no harm; you agree to not engage in any distasteful, disrespectful, unreasonable, or fraudulent behavior; you agree to let yourself be interrupted during conversations; during the first session you agree to let yourself be interviewed for 30 minutes free of charge, so each person can see whether they want to work with you.
This site aims to link people together for learning. As such, respect for others, and respectful behavior, is of the utmost importance. Please help us keep it this way. At the same time, by using this service you understand that a.) people can feel disrespected in many ways, and b.) no set of rules can assure that you will not feel or be disrespected.
Some examples (a partial list)
of absolutely unacceptable uses are: using this site for commercial
purposes, hacking, phishing, piracy, mass mailers, spammers, knowingly
transmitting viruses, obscenity, hate, bigotry, intolerance, violence,
graphically violent content, anything related to illegal activity, etc.
All such content and behavior, as well as other inappropriate content
and behavior, is strictly prohibited.
1. BY USING THIS SERVICE YOU
AGREE TO ACCEPT THESE TERMS
The Learning Xchange aims to
provide online resources for building an open learning network, and
helping you pursue your own learning goals, including free classified
ads, forums, and email services, (referred to hereafter as "the
Service") subject to the following Terms of Service ("TOS").
By using the Service in any way, you are agreeing to comply with the
spirit of the TOS. In addition, when using Learning Xchange services,
you agree to abide by any applicable posted guidelines for all Learning
Xchange services, which may change from time to time. Should you
object to: a.) any term or condition of The Learning Xchange TOS; b.)
any Learning Xchange guidelines; c.) or any subsequent modifications
thereto or become dissatisfied with The Learning Xchange in any way,
your only recourse is to immediately discontinue use of The Learning
Xchange. The Learning Xchange has the right, but is not obligated,
to strictly enforce the TOS through self-help, community moderation,
active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
In our efforts to build and
maintain a useful open learning network, we may need to revise these
rules in the future in order to help further this aim, and yet we do
not know in advance what changes will be necessary to help foster a
good community. As such, we reserve the right, at our sole discretion,
to change, modify or otherwise revise these terms and conditions at
any time, and such modifications shall become effective immediately.
Please review this agreement on a regular basis to keep yourself apprised
of any changes.
3a. CONTENT (Overview)
This site aims to create an
open learning network providing free, confidential, one-to-one matching
of individuals for individual learning and teaching. By using
this Service, you identify yourself as an individual, and agree to a.)
abide by the spirit of the rules set forth in this and other sections,
and agree to b.) post only in appropriate sections of The Learning Xchange
website based on the “Peers”, “Skills Models”, and “Teachers”
guidelines below. You agree to use the following guidelines in
determining where to place your post(s), and that in doing so, you understand
that all postings, cover letter descriptions, messages, text, files,
images, photos, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole responsibility
of the person from whom such Content originated.
“Peers”
For purposes of this website, “Peers” refers to people of similar learning interests, motivation-levels, expected time commitment, and abilities, for learning/discussing material, in a context where each genuinely sees himself a co-learner and co-participant.
As an example, suppose you
wanted to find a learning partner, or study buddy, or another student
with similar interests as yourself, where neither person would expect
money from the other for mutually engaging in the pursuit of knowledge,
understanding, wisdom, insight, perspective, etc.
“Skills-models”
For purposes of this website,
“Skills-models” refers to people who qualify to teach you the skill
simply by virtue of their: (a.) already having proficiency in the skill
you want to learn; and (b.) their desire and ability to teach this skill.
(For example, suppose you wanted to learn a “new” language.)
“Skills-models” (for learning that emphasizes experientially doing
and being shown how) are often sought in cases where you want to learn
a skill by doing and practicing.
“Teachers”
For purposes of this website,
“Teachers” refers to people who may teach you by telling you (as
opposed to by showing you) for learning which often involves significant
interpretation, and where “showing you” seems not as practical as
perhaps lecture, discussion, reading, inquiring, thinking, remembering,
and so forth, might seem. By “Teachers” we often mean persons who
teach by using a more academic style, often focusing on theory, where
this knowledge is often viewed as somehow different from the acquiring
of specific or tangible skills.
These Skills-models and Teachers
categories are in no way mutually exclusive, and may in certain cases
overlap significantly or completely. Additionally, individual
users may find good reason to post separate offers and / or requests
for specific learning matches in each of the three categories.
Please act in good faith with regard to the spirit of these guidelines
in determining where to post your offer(s) and / or request(s).
3b. CONTENT – Please adhere
to the following:
Please do not upload, post,
email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable.
Please do not in any way contribute
to Content which would harm minors, or other persons in any way.
Please do not impersonate any
person or entity.
Please do not in any way disguise
the origin of any Content transmitted through the Service, for example
(but not limited to) forging, impersonating, misrepresenting, or otherwise
manipulating identifiers, other persons, etc.
Please do not upload, post,
email, transmit or otherwise make available any Content that you do
not have a right to make available under any law (including copyrighted,
trademarked materials, etc.), or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships, or under nondisclosure
agreements). Similarly, please do not upload, post, email, transmit
or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights.
Please do not upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of unauthorized solicitation.
Please do not upload, post,
email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment.
Please do not upload, post,
email, transmit or otherwise make available any material that is of
broadcast / streaming types.
3c. CONTENT – You are responsible
for your Content
While we carefully guard your
privacy and confidentiality as outlined in our “Privacy Policy”,
we cannot protect your Content, cover letter description, use of your
posted information, etc. You are solely responsible for all Content
you post, and Content is the sole responsibility of its originator,
including both direct and indirect origination.
You are entirely responsible
for each individual item ("Item") of Content that you post,
email, or otherwise make available via the Service. You understand that
The Learning Xchange does not control, and is not responsible for, Content
made available through the Service.
The Learning Xchange is not,
and cannot, be in any way responsible for the accuracy, completeness
or authenticity of the information contained in any such site, post,
email, or transmission. Your linking to any other links and websites
is at your own risk. By using this site, you agree that you must
evaluate, and bear all risks associated with the use and/or posting
of any Content. By using this site you agree that you will strive
to be truthful in portraying, conveying, and representing all Content
posted, and yet understand that The Learning Xchange has no responsibility
for how that Content will be used or interpreted.
Under no circumstances will
The Learning Xchange be liable in any way for any Content, or for any
loss or damage of any kind incurred as a result of any use of any Content
posted, emailed, transmitted, or otherwise made available via the Service.
You acknowledge that The Learning Xchange may or may not pre-screen
or approve Content, and that The Learning Xchange shall have the right
(but not the obligation) at its sole discretion to refuse, delete or
move any Content that is available via the Service, for violating the
letter or spirit of the TOS, or for any other reason.
4. YOU AGREE TO USE THIS SERVICE
AT YOUR OWN RISK. Third Party Content, sites, and services are
completely independent of The Learning Xchange. Let the user beware,
caveat emptor, and please be careful.
While we aim and will strive
to maintain a site founded on the principle of mutual respect, by using
the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, false, dishonest, or otherwise objectionable.
Furthermore, The Learning Xchange site, as well as Content available
through the Service, may contain links to other websites, and / or provide
you with, access to third party content which is/are completely independent
of The Learning Xchange. Examples may include web sites, directories,
servers, networks, systems, information and databases, applications,
software, programs, products or services, and the Internet as a whole.
We hope that all users will
be honest, respectful, and conduct all their dealings in good faith.
Still, it has been our experience that in practice, occasionally somebody
will choose not to play by these rules. By using this Service,
you agree that The Learning Xchange is not responsible for any harm
you experience, directly or indirectly, from using this site.
You will not rely on any Content
as being truthful. Under no circumstances will The Learning Xchange
make any claims as to the truth of any Content, or be in any way liable
for any Content, or its use, or for any loss or damage of any kind incurred
as a result of any use of any Content posted, emailed, transmitted,
or otherwise made available via the Service. You acknowledge that
The Learning Xchange may or may not pre-screen or approve Content, and
that The Learning Xchange shall have the right (but not the obligation)
at its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the
TOS, or for any other reason.
Your interactions with individuals
and/or approved organizations found on or through the Service, including
payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such individuals and/or approved organizations.
By using The Learning Xchange, you agree to do so at your own risk.
The Learning Xchange does not represent, recommend, guarantee, assure,
or otherwise endorse the quality of any offers, posts, emails, etc.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline conversation or transaction
with any third party.
The Learning Xchange assumes
no responsibility for any loss or damages (Please see Sections 15 and
16 below.) By using the Service, you agree that The Learning Xchange
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. The Learning Xchange is
not obliged or required to become involved with any dispute, period.
Please use the Service at your own risk, and if a dispute arises, please
work it out among yourselves. If there is a dispute between participants
on this site, or between users and any third party, you understand and
agree that The Learning Xchange is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you
hereby release The Learning Xchange, its employees, agents and successors
in rights, from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, real or imagined, arising out of or in any
way related to such disputes and/or our service. If you are a California
resident, you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected his
settlement with the debtor."
5. NOTIFICATION OF CLAIMS
OF INFRINGEMENT
If you believe that your work
has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please
notify The Learning Xchange’s agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at
Please provide our Agent with
the following Notice:
a) Identify the material on
The Learning Xchange’s site that you claim is infringing, with enough
detail so that we may locate it on the website;
b) A statement by you that
you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
c) A statement by you declaring
under penalty of perjury that (1) the above information in your Notice
is accurate, and (2) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone
number, and email address; and
e) Your physical or electronic
signature.
The Learning Xchange will remove
the infringing posting(s), subject to the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION
DISCLOSURE
The Learning Xchange has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.thelearningxchange.org/index.php?page=privacy
Your use of The Learning Xchange website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that The Learning Xchange may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been
posted or transmitted without
their consent or as a form of harassment; protect the rights, property,
or personal safety of The Learning Xchange, its users or the general
public.
7. CONDUCT
You agree not to upload, post,
email, or otherwise make available Content:
a.) that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
b.) that is pornographic or
depicts a human being engaged in actual sexual conduct including but
not limited to (i) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or opposite
sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic
area of any person;
c.) that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
d.) that impersonates any person
or entity, including, but not limited to, a Learning Xchange employee,
or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.);
e.) that includes personal
or identifying information about another person without that person's
explicit consent;
f.) that is false, deceptive,
misleading, deceitful, misinformative, or constitutes "bait and
switch";
g.) that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;
h.) that constitutes or contains
"affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
i.) that constitutes or contains
any form of advertising or solicitation if: posted in areas of The Learning
Xchange sites which are not designated for such purposes; or emailed
to The Learning Xchange users who have not indicated in writing that
it is ok to contact them about other services, products or commercial
interests.
j.) that advertises any illegal
service the sale of which is prohibited or restricted by any applicable
law, including without limitation items the sale of which is prohibited
or regulated by California law.
k.) that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy, hack, or limit the functionality of any computer software or
hardware or telecommunications equipment;
l.) that disrupts the normal
flow of dialogue with an excessive amount of Content (flooding attack)
to the Service, including “DDOS” (distributed denial of service)
attacks leading to, or which may otherwise negatively affect other users'
ability to use the Service; or
m.) that employs misleading
email addresses, or forged headers or otherwise manipulated identifiers
in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not
to:
n.) contact anyone who has
asked not to be contacted, or make unsolicited contact with anyone for
any commercial purpose;
o.) "stalk" or otherwise
harass anyone;
p.) use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download
data from the Service - unless expressly permitted by The Learning Xchange;
q.) post otherwise irrelevant
Content, repeatedly post the same or similar Content or otherwise impose
an unreasonable or disproportionately large load on our infrastructure;
r.) post the same offer or
request in more than one category or place on The Learning Xchange site;
s.) attempt to gain unauthorized access to The Learning Xchange’s computer systems or
engage in any activity that
disrupts, diminishes the quality of, interferes with the performance
of, or impairs the functionality of, the Service or The Learning Xchange
website; or
t.) upload, post, email, transmit
or otherwise material for the purposes of file distribution, relay,
or streaming reasons; or
u.) use any form of automated
device or computer program that enables the submission of postings on
The Learning Xchange without each posting being manually entered by
the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to
submit postings in bulk, or for automatic submission of postings at
regular intervals.
v.) provide material support
or resources (or to conceal or disguise the nature, location, source,
or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
w.) use any form of automated
device or computer program ("flagging tool") that enables
the use of The Learning Xchange "flagging system" or other
community moderation systems without each flag being manually entered
by the person that initiates the flag (an "automated flagging device"),
or use the flagging tool to flag each post more than once, or to remove
posts of competitors, or to remove posts without a good faith belief
that the post being flagged violates these TOS;
x.) collect or store personal
data about other users for commercial or non-commercial purposes, in
connection with the prohibited conduct and activities set forth in paragraphs
a. through w. above.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on The Learning Xchange’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from The Learning Xchange. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise
access the Service to facilitate posting Content on behalf of others,
except with express permission or license from The Learning Xchange.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
The Learning Xchange email addresses or through The Learning Xchange computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California and elsewhere. Any unauthorized use of The Learning Xchange computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents
to civil and criminal penalties.
10. PAID POSTINGS
We aim to provide Individuals
with free learning match services. We view providing free learning
match services to Individuals as a foundation of The Learning Xchange,
and at this time we do not expect that this will change. However,
at some point in the future we may charge learning Institutions, skills/training-related
organizations, and/or education-related Institutions, a small fee to
post Content in the “Programs and Sponsors” area of the Service.
The fee would be an access fee permitting Content to be posted in a
designated area. Each Institution posting Content to the Service
would be responsible for said Content and compliance with the TOS. All
fees paid would be non-refundable in the event that Content is removed
from the Service for violating the TOS.
11. LIMITATIONS ON SERVICE
You acknowledge that The Learning Xchange may establish limits concerning use of the
Service, including the maximum
number of days that Content will be retained by the Service, the maximum
number and size of postings, email messages, or other Content that may
be transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that The Learning Xchange has
no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You acknowledge
that The Learning Xchange reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without notice,
and that The Learning Xchange shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
The Learning Xchange grants you a limited, revocable, nonexclusive license to access
the Service for your own personal
use. This license does not include:
(a) access to the Service by
Posting Agents; or
(b) any collection, aggregation,
copying, duplication, display or derivative use of the Service, nor
any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by The Learning
Xchange.
A limited exception to (b)
is provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole
purpose of displaying hyperlinks to the Service, provided they each
do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General
purpose internet search engine" does not include a website or search
engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified
ad listing services.
The Learning Xchange permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds five (5) postings, your use will be presumed to be in violation of the TOS, absent express permission granted by The Learning Xchange to do so. You may also create a hyperlink to the home page of The Learning Xchange sites so long as the link does not portray The Learning Xchange, its employees, or its affiliates in a
false, misleading, derogatory,
or otherwise offensive matter.
Use of the Service beyond the
scope of authorized access granted to you by The Learning Xchange immediately
terminates said permission or license. In order to collect, aggregate,
copy, duplicate, display or make derivative use of the Service or any
Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license
from The Learning Xchange.
13. TERMINATION OF SERVICE
You agree that The Learning
Xchange, at its sole discretion, has the right (but not the obligation)
to delete or deactivate your account, block your email or IP address,
or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard
any Content within the Service, for any reason, including, without limitation,
if The Learning Xchange believes that you have acted inconsistently
with the letter or spirit of the TOS. Further, you agree that The Learning
Xchange shall not be liable to you or any third-party for any termination
of your access to the Service. Further, you agree not to attempt
to use the Service after said termination. Sections 2, 4, 6 and
10-16 shall survive termination of the TOS.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Learning Xchange. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The Learning Xchange, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service.
Although The Learning Xchange does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The Learning Xchange an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The Learning Xchange all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content
on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LEARNING
XCHANGE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LEARNING
XCHANGE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO: WITHOUT
LIMITATION; THE WARRANTIES OF MERCHANTABILITY; TITLE; FITNESS FOR A
PARTICULAR PURPOSE; THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE;
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT IF
YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY
AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED
BY LAW, THE LEARNING XCHANGE DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LEARNING XCHANGE
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
THE LEARNING XCHANGE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE LEARNING XCHANGE SITE OR
THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LEARNING
XCHANGE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LEARNING
XCHANGE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE LEARNING XCHANGE SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply
to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
THE LEARNING XCHANGE BE LIABLE FOR ANY OF ITS SERVICES, OR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF THE LEARNING XCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LEARNING XCHANGE
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE LEARNING XCHANGE SITE, OR THE SERVICE, FROM INABILITY TO USE THE
LEARNING XCHANGE SITE, OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE LEARNING XCHANGE SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE LEARNING XCHANGE SITE,
OR THE SERVICE, OR ANY LINKS ON THE LEARNING XCHANGE SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE LEARNING XCHANGE SITE OR THE SERVICE OR ANY LINKS
ON THE LEARNING XCHANGE SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
17. INDEMNITY
We have the right to cancel
our service at any time, and we will not be liable for any files that
are lost and/or corrupted which may occur (including, for example, from
a system crash, security breach, or hard disk failure). You agree,
at your own expense, to indemnify, defend and hold harmless The Learning
Xchange and its affiliates, officers, directors, employees, consultants,
agents, suppliers and licensors from and against any and all third party
claims, demands, liability, damages, losses and/or costs (including
but not limited to reasonable attorneys’ fees and court costs) arising
from or relating to: (a.) your infringement or violation of any intellectual
property in Content you submit, post or make available through the Service;
(b.) your use of the Service; (c.) your failure to comply with these
terms of service (TOS); (d.) your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
These TOS constitute the entire agreement between you and The Learning Xchange and
govern your use of the Service, superseding any prior agreements between you and The Learning Xchange. The TOS and the relationship between you and The Learning Xchange shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and The Learning Xchange agree to submit to the
personal and exclusive jurisdiction of the courts located within Nevada County, California. The failure of The Learning Xchange to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
19. VIOLATION OF TERMS AND
LIQUIDATED DAMAGES
Please report any violations
of the TOS, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect
to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for The Learning Xchange to pursue legal action to enforce these
Terms, you will be liable to
pay The Learning Xchange the following amounts as liquidated damages,
which you accept as reasonable estimates of The Learning Xchange’s
damages for the specified breaches of these Terms:
a. If you post a message that
(1) impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that
includes personal or identifying information about another person without
that person's explicit consent, you agree to pay The Learning Xchange
one thousand dollars ($1,000) for each such message. This provision
does not apply to Content that constitutes lawful non-deceptive parody
of public figures.
b. If The Learning Xchange
establishes limits on the frequency with which you may
access the Service, or terminates
your access to or use of the Service, you agree to pay The Learning
Xchange one hundred dollars ($100) for each message posted in excess
of such limits or for each day on which you access The Learning Xchange
in excess of such limits, whichever is higher.
c. If you send unsolicited
email advertisements to The Learning Xchange email addresses or through
The Learning Xchange’s computer systems, you agree to pay The Learning
Xchange twenty five dollars ($25) for each such email.
d. If you post Content in violation
of the TOS, other than as described above, you agree to pay The Learning
Xchange one hundred dollars ($100) for each Item of Content posted.
In its sole discretion, The Learning Xchange may elect to issue a warning
before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay The Learning Xchange one hundred dollars ($100) for each and every Item you post in violation of the TOS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOS) agrees to pay The Learning Xchange an additional one hundred
dollars ($100) for each Item
posted by the Posting Agent on behalf of the Principal in violation
of the TOS.
f. If you aggregate, display,
copy, duplicate, reproduce, or otherwise exploit for any purpose any
Content (except for your own Content) in violation of these Terms without
The Learning Xchange’s express written permission, you agree to pay
The Learning Xchange three thousand dollars ($3,000) for each day on
which you engage in such conduct.
Otherwise, you agree to pay
The Learning Xchange’s actual damages, to the extent such actual damages can be reasonably
calculated. Notwithstanding any other provision of these Terms, The
Learning Xchange retains the right to seek the remedy of specific performance
of any term contained in these Terms, or a preliminary or permanent
injunction against the breach of any such term or in aid of the exercise
of any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and
comments on this document in The Learning Xchange Feedback Forum: http://forums.thelearningxchange.org