TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use Agreement (the “Agreement”)
is made by and between LIGHT BLUE LEARNING, Inc., and you the user (you, your
or User). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING,
VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF
THIS WEBSITE, OR ANY LIGHTBLUELEARNING.COM SERVICES OR CONTENT (COLLECTIVELY
"SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE
BOUND BY THESE TERMS OF USE.
1. Agreement. This Agreement specifies the Terms and Conditions for access to and use of LightBlueLearning.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by LIGHT BLUE LEARNING, Inc. upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Terms of Use link on the website. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. When using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our linked Privacy Policy which is also on the website. All such policies, guidelines and rules (specifically including the Privacy Policy) are hereby incorporated by reference into these Terms of Use.
3. Ownership. All
content included on this site is and shall continue to be the property of LIGHT
BLUE LEARNING Inc. or its content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any part of
the Site is prohibited, except as expressly permitted in this Agreement. Under
no circumstances will you acquire any ownership rights or other interest in any
content by or through your use of this Site.
You acknowledge and agree that the services provided by this
website (“Service”) and any necessary software used in connection with any
Service ("Software") contain proprietary and confidential information
that is the property of LightBlueLearning.com and its licensors and is
protected by applicable intellectual property and other laws. No rights or title
of to any of the Software used in connection with any Service is provided,
transferred or assigned to you. You further acknowledge and agree that content
contained in advertisements or information presented to you through any Service
or advertisers is protected by copyright, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by LightBlueLearning.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or Software, in whole or in part.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18. IF YOU ARE YOUNGER THAN 18 YEARS OLD, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
5. Trademarks. Trademarks, service marks, logos, and copyrighted works
appearing in this website are the property of LightBlueLearning.com or the
party that provided such intellectual property to LightBlueLearning.com. LightBlueLearning.com
and any party that provides intellectual property to LightBlueLearning.com
retain all rights with respect to any of their respective intellectual property
appearing in this website, and no rights in such materials are transferred or
assigned to you.
6. User Content
6.1 User
Content. “User
Content” means any and all information and content
that a user, including you, submits to, or uses with, the Site, including,
without limitation, survey answers, job descriptions, reviews, comments,
pictures (in any medium), statements, ideas, questions, or other content
provided in a profile or posted on or through the Site. You are solely responsible for your User
Content. You assume all risks associated
with using your User Content, including any reliance on its accuracy,
completeness, or usefulness by others or any disclosure of your User Content
that personally identifies you or any third party. You represent and warrant that all User
Content you submit to the Site or us is accurate, truthful, and non-deceptive
and that all User Content has evidence to back up the claims made. You further represent and warrant that your
User Content does not violate our Acceptable Use Policy (defined in Section
5.3). You may not represent or imply to
others that your User Content is in any way provided, sponsored, or endorsed by
LIGHT BLUE LEARNING, Inc. Because you
alone are responsible for your User Content, you may expose yourself to
liability if, for example, your User Content violates the Acceptable Use
Policy. LIGHT BLUE LEARNING, Inc. is not
obligated to backup any User Content, and your User Content may be deleted at
any time without prior notice. You are
solely responsible for creating and maintaining your own backup copies of your
User Content if you desire.
6.2 License. You hereby grant (and you represent and
warrant that you have the right to grant) to LIGHT BLUE LEARNING, Inc. an
irrevocable, perpetual, nonexclusive, royalty-free, sub-licensable, and fully
paid, worldwide, enterprise-wide license to access, reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content. You hereby irrevocably waive (and agree to
cause to be waived) any claims and assertions of moral rights or attribution
with respect to your User Content.
6.3 Acceptable
Use Policy. The
following terms constitute our “Acceptable Use Policy”:
(a) You agree
not to use the Site to collect, upload, transmit, display, or distribute any
User Content (i) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary
right; (ii) that is fraudulent, unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, any act(s) that would constitute a
criminal offense or give rise to civil liability, physical harm of any kind
against any group or individual, or is otherwise objectionable; (iii) that is
harmful to minors in any way; or (iv) that is in violation of any law, rule, or
regulation or obligations or restrictions imposed by any third party,
including, without limitation, any confidentiality or non-disclosure agreement.
(b) In
addition, you agree not to or use the Site to upload, post, email, distribute,
transmit, link, solicit or otherwise make available any content through the
Site that may: (i) upload, transmit, or distribute to
or through the Site any computer viruses, worms, or any software, computer
code, files, or programs intended to damage, interrupt, destroy, or otherwise
alter a computer system, software, hardware or data; (ii) send through the Site
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (iii) use any robot, spider, scraper, or any other
automatic or manual means to harvest, collect, gather or assemble information
or data on the Site (except as strictly set forth in (vii) below); (iv)
disable, impair, disrupt, overburden or otherwise interfere with the Site or
any hardware, software, servers or networks connected to the Site, or violate
the regulations, policies or procedures of such networks; (v) attempt to gain
unauthorized access to the Site (or to other computer systems or networks connected
to or used together with the Site), whether through hacking, password mining,
or any other means; (vi) harass or interfere with any other user’s use and
enjoyment of the Site; (vii) use software or automated agents or scripts to
produce multiple accounts on the Site, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the Site;
(vii) decompile, reverse engineer, disassemble, derive the source code of or
decrypts the Site or server hosting the Site; (viii) manipulate or otherwise
displays the Site by using framing, mirroring or similar navigational
technology or directly links to any portion of the Site other than the main
homepage located www.ecomadic.com; (ix) remove, obscure, or alters any proprietary
notices (including any notice of copyright or trademark) of the LIGHT BLUE
LEARNING, Inc. or its affiliates, partners, suppliers or the licensors; (x)
modifies, adapts, improves, enhances or makes any derivative work from the
Site; (xi) probes, scans, or tests the vulnerability of or breach the
authentication measures of the Site or any related networks or systems; (xii)
compiles, uses, downloads or otherwise copies any user information or any
portion thereof, or transmits, provides or otherwise distributes (whether or
not for a fee) such information to any third party; or (xiii) accesses systems,
data or information not intended by us to be made accessible to you.
6.4 Enforcement. We reserve the right (but have no obligation)
to review any User Content, monitor your use of the Site, and investigate
and/or take appropriate action against you in our sole discretion if you
violate the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may include removing or modifying
your User Content, terminating your Account in accordance with Section 17,
and/or reporting you to law enforcement authorities.
6.5 Feedback. If you provide LIGHT BLUE LEARNING, Inc. with
any reviews, feedback, or suggestions regarding the Site (“Feedback”), you
hereby assign to LIGHT BLUE LEARNING, Inc. all rights in such Feedback and
agree that LIGHT BLUE LEARNING, Inc. shall have the right to use and fully
exploit such Feedback and related information in any manner it deems
appropriate. LIGHT BLUE LEARNING, Inc.
will treat any Feedback you provide to LIGHT BLUE LEARNING, Inc. as
non-confidential and non-proprietary.
You agree that you will not submit to LIGHT BLUE LEARNING, Inc. any
information or ideas that you consider to be confidential or proprietary. You may not use any fake e-mail address or
impersonate any other person or entity or otherwise mislead as to the origin of
the Feedback. You represent and warrant
that all Feedback that you submit or post complies
with any guidelines or rules of the United States Federal Trade Commission,
including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising
and disclosure requirements.
7. Compliance with Laws. LIGHT BLUE LEARNING, Inc. makes no representation that the Site or content is appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you are located. Those accessing the Site from the United States must abide by all Federal, State and local laws. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify and hold LIGHT BLUE LEARNING, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. LIGHT BLUE LEARNING, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. LIGHTBLUELEARNING.COM, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LIGHTBLUELEARNING.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY
FORESEEABLE OR IF LIGHTBLUELEARNING.COM WAS GROSSLY NEGLIGENT. IN NO EVENT WILL
THE COLLECTIVE LIABILITY OF LIGHTBLUELEARNING.COM AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT,
TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
LIGHTBLUELEARNING.COM FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Use of Information. LIGHT BLUE LEARNING, Inc. reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Therese Jilek, who can be reached as follows:
By Mail: 1218 W. Lexington St. #303,
Chicago, IL, 60607
By E-mail: therese@lightbluelearning.com
13. Applicable Law. You agree that the laws of the state of Illinois,
without regard to conflicts of laws provisions will
govern these Terms and Condition of Use and any dispute that may arise between
you and LIGHT BLUE LEARNING, Inc. or its affiliates.
YOU AGREE THAT REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST
BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
FOREVER BARRED.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of LightBlueLearning.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by LightBlueLearning.com must be in writing and signed by an authorized representative of LightBlueLearning.com.
16. Termination. Modification and Termination of the Website. LightBlueLearning.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that LightBlueLearining.com will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Entire Agreement This Terms of Use constitutes the entire agreement between you and LightBlueLearning.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LightBlueLearning.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. LightBlueLearning.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
19. Contact Information. If you have any questions regarding these Terms of Use, please contact us at:
Light Blue Learning, Inc.
1218 W. Lexington St.
#303
Chicago, IL, 60607
Phone
Number: 262-309-2244
Email: therese@lightbluelearning.com