This Agreement (“Agreement”) is a contract between the party (“User”) who accesses the Learnaveda.com website (the “Site”) and the owner of the Site, Maven Learning, L.L.C. (“Owner” or “Learnaveda.com”) regarding access to and use of the Site. By accessing or using the Site, User agrees to be bound by this Agreement; acknowledges the consideration provided by Learnaveda.com. in support of this Agreement; and agrees to the disclaimers, limitation of liability, and provisions related to prohibited conduct and remedies set-out herein. Learnaveda.com reserves the right to change this Agreement at its sole discretion by posting revisions thereto on the Site. Continued access to and use of the Site following any such revisions(s) constitutes acceptance of the revised Agreement. USER AGREES TO REVIEW THIS AGREEMENT AND ANY CHANGES THERETO REGULARLY DURING THE PERIOD OF TIME IN WHICH USER ACCESSSES THE SITE TO ENSURE THAT USER REMAINS FAMILIAR AND IN COMPLIANCE WITH THIS AGREEMENT. Any User not agreeing with this Agreement or any changes to or revisions thereof must terminate access to or use of the Site immediately.
1. Registration, Accounts, and Passwords.
The Site includes a number of salon and spa-related educational services (“Services”) made available after registration. User agrees to provide accurate and current information for such registration and to update such information completely and timely as needed. User agrees to truthful in making such registration.
2. Use of Site.
User shall not use any devices or methodology to monitor or copy any web pages or content found on the Site, without the prior written consent of Learnaveda.com. User shall not: (a) post or otherwise distribute any defamatory, obscene, or unlawful material or information, any information encouraging conduct that would constitute a criminal offense or give rise to civil liability, any information or software which contains a virus, worm, or other harmful or damaging component, or any photographs containing obscene images (as determined by and in the sole discretion of Learnaveda.com) or unauthorized images of another or in which another owns rights, any unauthorized music, or musical composition or performance; (b) defame, harass, threaten, or otherwise violate the legal rights of another; or (c) exploit the Site for any commercial purposes or otherwise use the Site in a manner which infringes or violates any right of a third party or any domestic or international law, rule or regulation.
User agrees not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or received via this Site. User understands that such actions are likely to subject User to serious civil and criminal legal penalties, and that Owner shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
4. Payment for Services.
All Services on the Site are offered by Learnaveda.com on a payment basis, after an initial free trial period. Services are subject to a minimum payment for 4 months and vary based upon the type of business. The services shall continue month to month thereafter unless terminated by either party. A non-refundable set up fee is charged for each site. User warrants that all information submitted by User in association with such payment is correct and that User is of the age sufficient to execute an Agreement in the jurisdiction of such User’s residence. User agrees that any costs of collection that may be incurred by Learnaveda.com regarding such payments, including reasonable attorney fees, will be borne by User.
5. User Responsibility; Indemnification.
User is solely responsible for all results of acts or omissions that occur through such User’s actions, as well as for maintaining the confidentiality of any password or account information in User’s control. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Learnaveda.com, OWNER, AGENTS, EMPLOYEES, AND CONSULTANTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM USE OF THE SITE BY USER, THE VIOLATION BY USER OF THIS AGREEMENT, CONTENT PROVIDED BY USER, OR THE INFRINGEMENT OR VIOLATION BY USER OF ANY RIGHT OF ANOTHER. User agrees to immediately notify Learnaveda.com of any unauthorized use of its account or any other breach of security known to them.
6. Related Links.
Learnaveda.com may provide access to various other sites (“Related Links”) but does not warrant the accuracy, completeness, or any other aspect of information provided through such Related Links. Further, Learnaveda.com does not warrant or endorse any goods or services available through such Related Links. Information obtained from such Related Links should be independently verified before it is relied upon for any purpose thereof by User. User agrees that all dealings with any third party, including those of which it learns on the Site, are strictly the responsibility of such User and such third party, and Learnaveda.com shall have no responsibility or liability associated with any such dealings.
7. No Warranties.
User understands and agrees that: (a) the Site is subject to various vagaries of electronic transmission, data storage, and computer, server, or internet availability that can occasionally cause the Site to be unavailable for periods of time or may cause the loss of information, data, or content, and (b) the Site is subject to hacking, circumvention, or other breaches of security arising out of efforts of third parties who may unlawfully and without authorization avoid the normal processes and procedures employed on the Site. Learnaveda.com shall have no liability for such unavailability, hacking, circumvention, or other breaches. Accordingly, Learnaveda.com MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR THE SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR BE SECURE, OR WITHOUT ERROR OR MISTAKE, OR THAT DATA OR OTHER CONTENT MAY NOT BE LOST OR MIAPPROPRIATED. Moreover, THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; QUIET ENJOYMENT; OR NON-INFRINGEMENT. Learnaveda.com IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE SUPPLIED BY ANY USER OR THIRD PARTY, OR FOR DAMAGES OR ANY CLAIM OF LOSS CAUSED BY THE INTERNET, COMPUTER, STORAGE, OR TRANSMISSION FAILURE, OR CONTENT ON THE SITE AND/OR OR THROUGH ANY RELATED LINK OR FOR MISAPPROPRAIATION OR MISUSE OF CONTENT ON THE SITE. FURTHERMORE, Learnaveda.com DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY OF USER’S EXPECTATIONS.
User agrees that the username (email address) and password chosen to set up an account on Learnaveda.com shall be kept strictly confidential by User. User will notify Learnaveda.com immediately if it discovers loss or access to such information by another party not under User’s control or supervision. User agrees not to use a Username and Password used by or easily guessed by a third party.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Learnaveda.com, OWNER, OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO USER’S USE OF OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Learnaveda.com HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
10. Right to Terminate Use.
User agrees that Learnaveda.com reserves the right, without prejudice to its other rights, to suspend or terminate the account of User of the Site at any time where Learnaveda.com has determined, in its sole direction, that the use of the Site by such User is or was in breach of this Agreement. Accordingly, in its sole discretion, in addition to any other rights or remedies available to Learnaveda.com and without any liability whatsoever, Learnaveda.com may at any time and without notice terminate or restrict User’s access to its account or the Site or remove content from the Site as Learnaveda.com deems advisable.
“Learnaveda” is a service mark of Aveda Corporation. Any use of any of the marks, names, logos, or other indicia appearing on the Site without the prior written consent of Learnaveda.com or the owner of the respective marks, names, logos, or other indicia, is prohibited.
12. Ownership of Site and Copyrights.
User agrees that the Site is the property of Learnaveda.com. NONE OF THE CONTENT FOUND ON THE SITE MAY BE COPIED, REPRODUCED, REPUBLISHED, SOLD, TRANSFERRED, MODIFIED, OR DISTRIBUTED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF Learnaveda.com. Moreover, all content on the Site, except for content provided by any User, is the exclusive property of Learnaveda.com, and all rights are reserved. Any copying republication, derivation, or redistribution of such content by any means is prohibited without the prior written consent of the owner.
13. Fees and Refund Policy
All fees for User’s access to and use of Site services and products will be due to Learnaveda.com in United States dollars, paid by User via a valid credit card.
User’s account will transition from a trial account to a membership account upon Learnaveda.com’s receipt of notification from its third party merchant service that the required membership fee has been successfully billed to User’s credit card. At this time Learnaveda.com will consider User’s membership paid and in good standing. Likewise, renewals of Site services are considered paid upon Learnaveda.com’s receipt of notification from its third party merchant service that the required membership fee has been successfully billed to User’s credit card.
Provided User’s account is in good standing and no balance is owed, User may request a payment refund within seven (7) days from the date of payment, and Learnaveda.com will refund the full amount of User’s payment and terminate its membership. Learnaveda.com will not issue a refund for any payment after seven (7) days from the date of such payment. In addition, for product purchases marked as ‘non-refundable’, Learnaveda.com will not issue a refund for any purchase.
14. No Licensing, Copying, Cloning, Infringement, or Misuse Permitted.
User agrees that content available through the Site and the software associated with or implementing the Site and all aspects thereof are protected by intellectual property rights including, but not limited to, copyright, trademark, and/or patent. User agrees not to take any action that would compromise the integrity of the Site, or copy its content, style, look, format, structure, or software, or copy, decompile, disassemble, or reverse engineer any software, programs, designs, pages, or screens used in or in connection with the Site. Except as expressly provided, nothing shall be construed as conferring any license, expressed, implied, or by waiver or estoppel, under any of Learnaveda.com’s or any third party’s intellectual property rights. User acknowledges and agrees that this Agreement does not convey to User any intellectual property right of Learnaveda.com or any third party.
15. Breach by User; Remedies.
USER AGREES THAT ANY VIOLATION OR INFRINGEMENT OF ANY OF THE RIGHTS OF Learnaveda.com OR MISUSE OF THE SITE SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREMENT. MOREOVER, AS IT MAY BE DIFFICULT TO QUANTIFY DAMAGES AT ANY GIVEN TIME ARISING FROM SUCH BREACH, USER AGREES THAT THE SUM OF USD $5,000 IS A REASONABLE ESTIMATE OF THE LIKELY DAMAGES ON A WORLD WIDE BASIS PER DAY FOR EACH VIOLATION, INFRINGEMENT, OR MISUSE. USER AGREES TO PAY LIQUIDATED DAMAGES OF USD $5,000 PER DAY PER VIOLATION, INFRINGEMENT, OR MISUSE.
IF USER OR ANOTHER PROVIDED ACCESS TO THE SITE BY USER COMMITS ANY VIOLATION OR INGRINGEMENT OF ANY OF THE RIGHTS OF Learnaveda.com, OR MISUSE OF THE SITE, OR USES SUCH INFORMATION FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS, THE DAMAGES EXPERIENCED BY Learnaveda.com ARE REASONABLY EXPECTED TO BE AT LEAST DOUBLED, AND LIQUIDATED DAMAGES SHALL BE INCREASED DUE TO THE INCREASED HARM THEREFROM. AS SUCH, USER AGREES THAT LIQUIDATED DAMAGES OF USD $10,000 SHALL BE PAID BY USER AND ANY OTHERS PROVIDED ACCESS TO THE SITE BY USER, JOINTLY AND SEVERALLY, PER DAY OF SUCH VIOLATION, INFRINGEMENT, OR MISUSE.
USER HEREBY AGREES THAT Learnaveda.com MAY SUE FOR ENFORCEMENT OF THE RIGHTS MENTIONED HEREIN, FOR PAYMENT OF LIQUIDATED DAMAGES, AND FOR EQUITABLE AND INJUNCTIVE RELIEF IN ANY COURT OF ITS CHOOSING IN LOUISIANA OR FLORIDA. USER HEREBY SUBMITS TO IN PERSONAM JURISDICTION THEREIN AND AGREES TO THE ENFORCEMENT IN ITS COUNTRY OF RESIDENCE OR DOMICILE OF ANY JUDGMENT ARISING OUT OF SUCH SUIT. USER ALSO AGREES TO PAY THE ATTORNEYS’ FEES AND COSTS OF Learnaveda.com IN ALL SUCH ACTIONS AND ENFORCEMENT PROCEDINGS AND TO INDEMNIFY AND HOLD HARMLESS Learnaveda.com FROM ALL DAMAGES, HARM, LOSS OF BUSINESS, LOSS OF REPUTATION, OR OTHER INJURY CAUSED BY USER OR OTHERS TO WHOM USER PROVIDED INFORMATION DERIVED IN ANY WAY FROM MISUSE OF THE SITE, AND WHO COMMIT ANY VIOLATION OR INFRINGEMENT OR USE SUCH INFORMATION FOR A COMMERCIAL OR COMPETING WEBSITE OR BUSINESS. USER AGREES TO COOPERATE IN ALL WAYS TO ASSIST Learnaveda.com IN ENDING SUCH HARM, VIOLATION, INFRINGEMENT, OR MISUSE. USER AGREES THAT THE RIGHTS OF Learnaveda.com REGARDING SUCH USER ARE RENEWED WITH EACH USAGE OF THE SITE BY USER. ANY USER WHO HAS PREVIOUSLY VIOLATED OR INFRINGED OR MISUSED THE RIGHTS OF Learnaveda.com OR ASSISTED OTHERS IN DOING THE SAME AND RETURNS TO OR ACCESSES THE SITE AGAIN AND DOES NOT ACT IMMEDIATELY TO END THE VIOLATION, INFRINGEMENT, OR MISUSE SHALL BE LIABLE HEREUNDER FOR ALL SUCH VIOLATIONS, INFRINGEMENTS, OR MISUSES FROM WHENEVER THEY BEGAN. ALL RIGHTS OF Learnaveda.com HEREUNDER SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
16. Termination and Expiration.
Learnaveda.com may terminate access by User to the Site in its sole discretion at any time. Moreover, User’s access to the Site will also be terminated at the expiration of a Free Trial period (typically 7 days) or the term for which payment has been made (typically one month). Such termination or expiration shall not affect any existing right to relief, at law or in equity, of Learnaveda.com. Upon termination or expiration, all rights of such User shall terminate, and any rights in content shall belong to Learnaveda.com.
Learnaveda.com and User shall be independent of each other for all purposes, and no relationship as partners, joint ventures, fiduciaries, employees, or agents of the other shall be inferred or implied.
User may not assign or delegate any rights or obligations hereunder. Learnaveda.com may assign and/or delegate all of its rights or duties to any third party in its sole discretion.
The headings used herein are for convenience only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
If any provision of this Agreement other than those above related to “No Warranties” and “Limitations of Liability” is held to be unlawful or unenforceable in any respect by a court of competent jurisdiction, such provision shall be severed and shall not affect the validity or enforceability of the remaining provisions. Further, if any provision of this Agreement is held to be overbroad, such provision shall be deemed amended to narrow the application to the extent necessary to render the provision enforceable according to applicable law.
21. Entire Agreement.
User agrees that this Agreement is the complete statement of the Agreement between such User and Learnaveda.com and supersedes any other communications between User and Learnaveda.com relating to access of or use of the Site. Thus, this is the entire agreement between Learnaveda.com and User.
22. Applicable Law.
This Agreement is interpreted under, and governed by, the laws of the state of Louisiana and the United States of America. User consents to the exclusive jurisdiction of the state or federal Courts of the State of Louisiana in respect to all claims or disputes arising out of this Agreement or any aspect of performance thereunder or in any way connected with the Site or the rights of Learnaveda.com.
Learnaveda.com reserves the right, in its sole discretion, to change, modify, add, or delete provisions of this Agreement at any time, without notice.
24. User Acknowledgement and Agreement.
User acknowledges that it has read this Agreement, and User agrees to be bound by it as a condition precedent to continuing access to or use of the Site in any way.