Last Updated: May 21, 2018.
Our Terms Welcome to LearningCart (“LearningCart”, “We”, “Us” or “Our”) owned and operated by Big Step Consulting, Inc. Below please find our Terms of Service (the “Terms”) to govern our relationship with our customers (“User(s)”). These Terms also apply on a limited basis to visitors of our website viewing its content.
We are proud of the platform we have created and love to see how our customers are able to grow with us. We provide our Users with the ability to market, sell and deploy educational products. We give Users the tools needed to succeed in this market. As part of this commitment, we provide Users with a LearningCart enabled website that allows them to deliver great products to their customers.
Please read these Terms carefully because they govern User use of our website available at www.LearningCart.com (the “Site”) and the services and products available at or through the website. If you have any questions regarding these terms, please contact us at support@LearningCart.com.
To make these Terms easier to read, the Site, and our products and services and are collectively called the “Services.” “Enabled Site” refers to the website we provide Users to market, sell and deploy educational products.
We know you’re eager to start building and creating, so we’ll make this simple:
- Make sure that none of the prohibited items listed under “Prohibited Activity” appear on your LearningCart enabled site or get linked to from the site (we’re referring to things like spam, viruses, or hate content).
Agreement to Terms
By accessing, installing or using our Services, User(s) agree to be bound by these Terms. If User(s) do not agree to these Terms, its simple: do not use the Services.
Changes to Terms or Services
We reserve the right modify the Terms and our Services at any time, in our sole discretion. While we are not required to provide notice, we will attempt to notify our clients via email when these terms change. It’s important that User(s) review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that User(s) agree to be bound by the modified Terms. The date of last revision will be shown at the top of this page. If User(s) don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately.
Creating an Account
In order to access and use our Services, User organization will need to create an account (user “Account”). By creating an Account, you become a “User” and represent that you are eighteen (18) years of age or older and are not barred from using the Services under applicable law.
User organization’s Account should be that of the organization and set up by an authorized representative – do not use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. We have a strict “No Robots” policy. The authorized person creating an account must be a human to use the Services. Automated accounts are expressly prohibited. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed.
We reserve the right to suspend or terminate the Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates these Terms. User’s organization’s personnel is responsible for maintaining the confidentiality of the passwords and Accounts, and agree to notify us if passwords are lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. We encourage each User to regularly change its password to help ensure User(s) account’s security.
Plans and Payment Terms
Accounts will be billed monthly starting on the day the User signs up and then on that date each month thereafter. If the User upgrades its Account plan, the User will be billed immediately upon upgrading and then on that date on every month thereafter. Each bill paid ensures access to portions of the Services that require payment for the next month. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
Each LearningCart plan includes a specific number of active training users per month. Active users are calculated as the number of users that have accessed/registered for training or purchased an item during a calendar month. If a User’s Account exceeds the number of users allowed on User current plan you will be billed either $4 per additional user OR User account will be automatically upgraded to the appropriate plan for the current and future months. LearningCart will utilize the option that will incur the least cost for our customer for the month in question. If a User account is upgraded and User does not require the additional active users or features for subsequent months, Users may request to downgrade User account as needed. Any requests to downgrade must be made 7 days before the new billing period begins.
Downgrading a User Account may cause the loss of features available under the current plan. LearningCart is not, and will not be held to be, liable for such loss. If the billing method expires or changes, and the User does not edit or update User billing information or cancels its account, we will send you a single courtesy notice regarding billing information discrepancies. If a User fails to provide us with updated billing information more than three (3) days after notice is sent, LearningCart reserves the right to disable and terminate access to the account. User authorizes us to continue billing during this notice period, and User will remain responsible for any uncollected amounts.
If User has engaged us to provide development or professional services, 50% payment of the estimated project cost is due up front, remaining payment for those services is due upon completion. If a formal project proposal has been provided, then payment will be due based on the schedule specified in that scope of work agreement. If payment is not received 15 days after its due date then the client will automatically be billed via the payment method (credit card) we have on file.
Effective April 2018 any Users that subscribed to legacy plans not listed on our Pricing Page will have their account features and user limits mapped to the closest priced plan that is currently available.
LearningCart will never store User customer’s credit card information. During payment, payment information is immediately transmitted to User payment gateway for authorization. During the course of using the LearningCart platform, you may use certain features within our system to process credit card or other financial information. It is User responsibility to ensure the security of that information and handle it consistently with the best practices outlined by the Payment Card Industry Security Standards Council. Additionally, User Merchant Services Provider or Payment Gateway may require a PCI scan of User LearningCart site in order to maintain compliance. LearningCart will assist you with reviewing the results of a scan, but the cost and or scheduling such a scan are outside the scope of our terms.
LearningCart guarantees 99% network uptime each month for all LearningCart Enabled Sites. In the event that we are not able to meet our uptime guarantee, the User will not be charged for that month of service. For the purposes of these Terms, “network uptime” is defined as the period during which a User’s webserver has external connectivity. Scheduled after-hours maintenance is not included in network uptime calculations. Need for scheduled maintenance is rare, and Users will be notified in advance of any scheduled maintenance that will result in more than 30 minutes of system unavailability.
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, emails to customers, customer lists and information or other materials that are posted, generated, provided or otherwise made available by the User through a Learning Cart enabled website. Users are solely responsible for the Content that it posts on its Enabled Site, including its legality, reliability, and appropriateness. We make no claim for any intellectual property rights over the Content Users provide to or on the Service. By these Terms, Users agrees to grant us a limited license to promote User’s business as a customer of our Services.
User represents and warrants that the content, information collection, and marketing practices conform to legal requirements, including those of the TCPA/CAN-SPAM, and that:
- The Content is the User's or it has an express right to use it and grant us the necessary rights and license as provided in these Terms to display such content on the Enabled Site.
- Posting of Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. LearningCart does not pre-screen content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove content that is available via the Enabled Site. LearningCart will have no obligation to provide a refund of any amounts previously paid by any user.
The User is responsible for any requirements for notification with regards to tracking and communicating with its customers, site visitors and other users of its Enabled Site. We take no responsibility for any disputes, claims or controversies arising from or out of any information collection (including any personal information) practices the User employs, including “pay per click” advertising, “cost per acquisition” or “cost per response basis” services, or any intended, unintended or unknown actual or allegedly unlawful collection of data or information by means of electronic “spiders”, “spybots”, “spyware”, web beacons, tracking bugs, third party cookies or similar means, wiretapping or bugging, video cameras, or radio frequency identification tags or other materially similar methods of collection of information.
We encourage Users to participate in our community (when available), but ask that you respect other Users when posting content to, and otherwise using, the Services.
Regardless, we do expect that any time you are using the Services, you agree NOT to:
- Use language or transmit content through an Enabled Site that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
- Harass or threaten other Users via the services. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.
- Submit material through an Enabled Site that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- Publish falsehoods or misrepresentations that could damage Us, Our Users or any third party;
- Publish through an Enabled Site, any personal information of someone (like their address or phone number) without their permission;
- Submit material through an Enabled Site that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Impersonate another person.
This list is an example and is not intended to be complete or exclusive. LearningCart does not pre-screen Enabled Sites, and we don’t have an obligation to monitor User access to, or use of, the services generally. We do, however, reserve the right to do so for the purpose of operating the services, to ensure User compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to User account or any content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove content from a User Enabled Site by specifically deleting it. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the content, nor are we responsible for any harm, including monetary loss or damage, resulting from or out of any content published on User site(s).
Subject to User compliance with these Terms, LearningCart grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view Our content (“LearningCart Content”) solely in connection with the Users permitted use of the Services. For the purposes of these Terms, LearningCart Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by Us or Our affiliates of any kind, and information or other materials that are posted or generated by LearningCart.
Users have the right to view and access LearningCart Content. While Users have an active account with us and if such feature is part of the User’s plan, you may edit and modify the HTML/CSS of site and screen layouts, arrangements and themes provided to Users through the Services. However, immediately upon termination, discontinuation or cancellation of an Account, Users may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service.
At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute LearningCart Content or the Services to any third party without a written reseller agreement (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any LearningCart Content; or (iii) use the Services or LearningCart Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from User use or reliance of any LearningCart Content.
The Services contain material that may be protected by the United States and international copyright, trademark and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information and all LearningCart Content. LearningCart and any of its licensors exclusively own all right, title and interest in and to the Services and LearningCart Content, including all associated intellectual property rights. You acknowledge that the Services and LearningCart Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and LearningCart Content. Further, You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the LearningCart Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party if such submission is made without the express permission of the intellectual property rights holder.
LearningCart respects copyright law and expects its Users to do the same. It is our policy to terminate in appropriate circumstances the accounts of Users who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes User copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that User notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to:
Big Step Consulting Inc.
Attn: Legal Department
115 N 85th St.
Seattle, WA 98103
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
Links and Advertisements of Third Party Websites or Resources
The Services may contain links to or advertisements of third-party websites (that are not affiliated with us or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. Users acknowledge sole responsibility for and assume all risk arising from, User use of any third-party websites or resources.
We empower our Users to manage and configure its Enabled Site, and we do our job to adhere to our service level expectations and employ strict security practices. It is also the responsibility of the User to take active steps to also mitigate possible breaches of security or data, and to comply with applicable laws. We also expect that our Users honor third party rights and avoid infringing on other parties’ proprietary rights. If you suspect a data breach or suspicious activity please report it to us immediately, and we will collaborate with you to work out the matter. Learning Cart will take active steps to help resolve these types of matters however, we do ask our Users to indemnify for certain activities that are just beyond our control.
Users agree to defend, indemnify and hold harmless Learning Cart, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) Users violation of any third party proprietary rights, including without limitation any copyright, trademark, moral or privacy right; or (ii) Users failure to comply with the data collection and privacy laws applicable to it. This section shall survive these Terms for a period of three years.
You may terminate cancel User Account by emailing support@LearningCart.com, giving us at least thirty (30) days notice prior to User intended termination date. We also may terminate at any time at our discretion, however, if we terminate User’s access to the Services, and User has not violated these Terms, User may be eligible for a proration of the amount of User current billing cycle.and User has not violated these Terms, User may be eligible for a proration of the amount of User current billing cycle.
Upon any termination, discontinuation or cancellation of Services or User Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Enabled Sites, and Learn Cart Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet User requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
NEITHER LearningCart NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, ENABLED SITE OR LearningCart CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEARNINGCART HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LearningCart’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO LEARNINGCART FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LEARNINGCART, AS APPLICABLE.
We prefer to resolve things amiably when possible therefore, Users agree to the following dispute resolution policy in connection with any potential claims or disputes arising from User’s use of the Application. Start by notifying us of User dispute by sending a notice to support@LearningCart.com.
- Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
- Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms constitute the entire and exclusive understanding and agreement between LearningCart and User. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communications provided by LearningCart under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
LearningCart’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LearningCart. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We welcome feedback, comments, and suggestions for improvements to the Services. Users can submit feedback by emailing us at support@LearningCart.com. User grant to us a non-exclusive, worldwide, perpetual, royalty-free right to use, copy, modify, create derivative works based upon the feedback for any purpose.
Questions & contact information
If you have any questions regarding these Terms, please email us at support@LearningCart.com.