Terms Of Use

Learners Edge™ Terms of Use Agreement

Effective Date: August 21, 2018

Welcome to Learner’s Edge, LLC! This website (“Site”) is operated by Learners Edge, LLC (“we,” “us,” “our,” or “Learners Edge”). Learners Edge wants to do everything possible to provide you with quality, impactful professional development.  We want our customers to be happy, because when you’re happy, we’re happy! Below are the policies we have in place to ensure there are no surprises as you meander, skip or sprint down the path towards Teacher of the Year with your Learners Edge professional development under your belt.

The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to ordering, purchasing, and participating in Learners Edge courses, your use of our website or other services offered at http://www.learnersedgeinc.com/, our online education portal, and through any mobile application we develop utilizing the tools from the website (collectively, our “System”).

Your use of our System means that you accept and agree to these Terms of Use.  If you do not agree to these Terms or our Privacy Policy, do not use or access the System.

We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the Site.  Your continued use of our Site or System, or any other service provided through the Site or System, means that you accept and agree to the modified Terms.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the System for your personal use only. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System, such as text, graphics, audio, video, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our affiliates, assigns, licensors, subsidiaries, suppliers and/or other providers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

User Content on the System

To the extent portions of the Site allow you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:

  • Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
  • Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
  • You know (or reasonably should know) is false, deceptive, or misleading;
  • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
  • Violates any applicable local, state, national, or international law.

By posting User Content on the System, you are granting us a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable, and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms of Use or applicable laws.

Learners Edge does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.

UNDER NO CIRCUMSTANCES SHALL LEARNERS EDGE OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System.

Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

If you believe that any content on the System infringes on the intellectual property of a third party, you may send it to info@learnersedgeinc.com. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the System that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Payment Terms

You agree that you will pay for use of the System and for all courses in which you enroll through the Site, and that Learners Edge may charge/debit your credit card or other designated payment method for any System use or course enrollment, and for any additional amounts (including any taxes, fees, or other charges) that may be accrued by or in connection with your use of the System or course enrollment.  The total price to you for System use or course enrollment will include applicable taxes, if any, based on the bill-to address provided by you.  Prices may change at any time, and the prices set forth on the Site do not provide for price protection or for refunds in the event of any subsequent price reduction or promotional offering. 

Given the nature of digital content, all sales are final.   

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LEARNERS EDGE WITH A VALID PAYMENT METHOD FOR PAYMENT. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Alternate Payment Options.  On the registration payment page, you will be given the option to make a one-time payment or to have a set number of consecutive monthly charges/debits posted to your credit card or other designated payment method for your System use, course enrollment, or other purchases on the Site.  If you choose an extended payment option, there is a premium associated with this option and your authorization to make consecutive monthly charges/debits will remain in effect until you provide us with written notice, and a reasonable time to act, to terminate such authorization or until the final installment payment for your System use, course enrollment or other purchases has been paid.  If you elect to terminate your authorization for extended payments all unpaid amounts will become immediately due and payable and will be immediately charged/debited to your credit card or other designated payment method.  Notwithstanding any early termination of authorization, you remain liable for all charges due for System use, course enrollment, or other purchases made on the Site. 

Course Refund Policy.  Without limiting any of the forgoing, our refund policy lasts 30 days.  To be eligible for a refund or credit (as further described below), you must notify us in writing within 30 days of registering for a course at info@learnersedgeinc.com with the stated reason for your cancellation.  Unfortunately, we cannot offer you a refund or further credit toward Learners Edge courses if 30 days have passed since you have registered for a course. 

If you are requesting a refund, your refund will be processed, less a $40 cancellation fee, and a credit for the remaining amount will be applied to your credit card or original method of payment within 30 days of approval of your request. 

If you are requesting credit toward another Learners Edge course, we will be happy to assist you in enrolling in a course that you believe will better suit your needs for no additional fee; provided that the substituted course is of the same type and credit.  You are responsible for any additional costs or fees applicable to a substituted course.

Learners Edge reserves the right to deny any refund or credit request in its sole discretion.

Learners Edge reserves the right to modify its refund policy at any time, or from time to time, without further notice. 

Curriculum

Continuing education graduate credit is intended to fulfill requirements for license renewal/lane change when the student has obtained proper prior approval.  Learners Edge does not warrant or guarantee that our courses will meet your intended needs. Many schools, districts, and states have different requirements for professional development. Check with your district personnel or State Department of Education to gain prior approval for the Learners Edge courses you purchase. Applicability of our courses is the sole responsibility of the user.

You are responsible for completing your course within the session for which you registered.

Spring Session: Coursework due April 15

Summer Session: Coursework due August 15

Fall Session: Coursework due November 15

Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

You agree to indemnify, defend, and hold harmless Learners Edge, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability

LEARNERS EDGE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE AND MAKE NO REPRESENTATION THAT ANY LEARNERS EDGE COURSE WILL MEET YOUR SPECIFIC NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  LEARNERS EDGE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEARNERS EDGE AND/OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEARNERS EDGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL LEARNERS EDGE’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH LEARNERS EDGE COURSES EXCEED THE AMOUNT PAID BY YOU FOR LEARNERS EDGE COURSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Entire Agreement

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.

Use of Information

All of the information you provide during your registration process and submitted/graded coursework with Learners Edge (except financial information) will be shared with instructors, evaluators, staff, and the chosen academic partner (university or college) out of the list of eligible partners in order to facilitate the registration process and your ability to request a transcript upon successful completion of your course with that university or college. We will also communicate with you, the student, on your coursework progress and final grade via the email that you provide during registration. Please see our Privacy Policy for a full description of the information we collect, use, manage, disclose and share.

Contact Information

If you have any issues or concerns with your experience with Learners Edge, please contact us at 877-394-4930 or info@LearnersEdgeInc.com right away.