Learning Fundamentals, Inc. Service Agreement
By signing up for this website, you agree to this Service Agreement.
Learning Fundamentals, Inc. (LFI) will do our best to keep your data confidential. To assist us in this, you agree to not share your login credentials with others and to let us know if your login credentials have been compromised. If you are subject to HIPPA regulations you will be solely responsible for restricting access to the Account and complying with the regulations.
THIS WEBSITE IS A SERVICE OF LEARNING FUNDAMENTALS, INC. HERINAFTER REFERRED TO AS LFI WILL TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SERVICES OR ANY GOODS PROVIDED BY A THIRD PARTY.
Limitations on Liability; Exclusion of Consequential Damages
IN NO EVENT SHALL EITHER PARTY, OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR INCAPACITATION, ILLNESS, DEATH, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 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."
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, LFI'S CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS, SUITS, CONTROVERSIES, BREACHES OR DAMAGES FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATED TO THIS AGREEMENT) AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY SHALL NOT EXCEED, (I) $100; OR (II) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THIS AGREEMENT FOR SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, WHICHEVER IS LESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LFI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Term of Agreement
Term and Termination. This Agreement shall become effective when the subscriber clicks the acceptance button on the LFI website. The Initial Term of this Agreement shall be for one month and shall continue month-to-month following the expiration of such Initial Term unless thereafter terminated by Subscriber or LFI as herein provided. Following the expiration of the Initial Term, this agreement, as a month-to-month agreement, may be terminated by Subscriber at any time by canceling payment of the subscription and deleting all of the Users from the account. There will be no refund of the unused portion of any subscription fees. Subscribers continued use of LFI's Monitoring Services after the effective date of any service fee increase shall be deemed acceptance of the increased fees for Services, throughout the remaining term of this Agreement.
Neither the expiration or termination of this Agreement shall terminate the obligations and rights of the parties pursuant to provisions of this Agreement. Such provisions shall survive the expiration or termination of this Agreement, except as otherwise herein specifically provided.
Notwithstanding any other provision of this Agreement, LFI shall have the right to terminate this Agreement, with or without cause, at any time by providing thirty (30) days advance notice to Subscriber.
This product contains software and such software is licensed and not sold. During the term of this agreement, and subject to the terms and conditions contained herein, LFI hereby grants to Subscriber a non-exclusive, non-transferable license to the Software.
LFI shall have the right to amend this Agreement at any time by providing notice to Subscriber (at the Account Holder's email address) of any amendment at least twenty (20) days prior to the effective date of the amendment.
Subscriber hereby agrees to indemnify and hold LFI harmless from and against all losses, liabilities, damages, and expenses. Attorneys fees and costs incurred by LFI are specifically hereby included as such a loss, liability, damage, or expense.
Subscriber hereby agrees to indemnify and hold LFI harmless from and against all losses, liabilities, damages, and expenses as a result of judicial proceedings initiated by the Subscriber. Attorneys fees and costs incurred by LFI are specifically hereby included as such a loss, liability, damage, or expense.
Waiver of Trial by Jury
ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM BETWEEN THE PARTIES RELATING TO OR ARISING FROM OR UNDER: A) THIS SERVICE AGREEMENT; or, B) THE SERVICES PROVIDED BY LFI TO SUBSCRIBER HEREUNDER.
LFI shall not be liable to Subscriber for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by: (i) fire, flood, earthquake, elements of nature or other acts of God; (ii) any terrorist attacks or outbreak or escalation of hostilities, war, riots or civil disorders in any country; (iii) any act or omission of the other party or any government authority; (iv) any labor disputes (whether or not employees demands are reasonable or within the partys power to satisfy); or (v) the nonperformance by a third party or any similar cause beyond the reasonable control of LFI, including, without limitation, failures or fluctuations in telecommunications or other equipment. In any such event, LFI shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and LFI continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.
The headings contained in this Agreement are for convenience of reference only and shall not in any way affect the meaning or construction of any provision of this Agreement.
If any part of this Application Agreement is not enforceable, the remaining provisions shall remain valid and enforceable. The parties intend every provision of this Agreement to be severable.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, and supersedes any previous agreements and understandings. A party's waiver of a breach of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or another term or condition.
Compliance with Laws
In performing its obligations under this Agreement, each party agrees to comply with all laws and regulations applicable to it.
Except as otherwise specifically provided, all notices and other communications required or permitted hereunder shall be in writing and, if sent by LFI to Subscriber, by email to the Subscribers email address that was used when signing up for the Service, or any other address Subscriber hereafter provides for notice to LFI in a manner consistent with this paragraph, and if sent by Subscriber to LFI by mail, courier or overnight delivery at 1130 Grove St. Suite 300, San Luis Obispo, CA 93401.
All appropriate sales, excise and other taxes as well as surcharges dictated by the state regulatory commission or the Federal Communications Commission will be applied to your account.
By "LFI" we mean the features and services we make available, including through (a) our website at www.wellgolly.com and any other LFI branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "us," "we" and "our" we mean LFI.
By "subscriber" we mean the Account Holder for the LFI service.
By User we mean someone who has permission to send reminders, view reminders, add recipients, or manage an account.
By Account Holder we mean the person or company paying for the service.
By Website we mean the software and associated databases associated with LearningFundamentals.com.
Disclaimer: LFI does not represent or warrant that the website cannot be compromised or circumvented. The Subscriber acknowledges and agrees, that LFI has made no representations or warranties, expressed or implied, as to the condition of the service, its merchantability, or its fitness for any particular purpose, nor has the Subscriber relied on any representations or warranties. Subscriber further acknowledges and agrees: that any affirmation and or fact or promise shall not be deemed to create an express warranty and that, there are no warranties that extend beyond the face of the agreement. Subscriber further acknowledges and agrees that LFI is not an insurer, Subscriber accordingly assumes all risk of loss incurred by the the Subscriber or Recipients.
VENUE/CHOICE OF LAW
In the event that any action is filed based upon this agreement, or any breach hereof, including but not limited to an action seeking any legal or equitable remedies between the parties associated with any services provided hereunder, the parties hereby agree that the laws of the State of California shall exclusively govern any and all such controversies and that the sole and exclusive venue for any such action shall be the County of San Luis Obispo, California.
AUTHORIZATIONS AND REPRESENTATIONS
I understand that by clicking on the Sign Up button I have agreed to all of the terms and conditions in this Service Agreement.