If you use our website (learntourism.org, which is the site you’re Reading This On Right Now), then this document is for you. It Discusses What Constitutes A Legitimate Use Of Our Website, among other things.
Learn Tourism, Inc. (“Learn Tourism”) operates each website (“Site”) that links to these Terms of Use to provide online access to information about Learn Tourism, Inc. and the products, services, and opportunities we provide. Use of the Learn Tourism Service is governed by our Customer Terms of Service.
By accessing and using the Site, you agree to these Terms of Use.
Learn Tourism, Inc. reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
Permitted Use of The Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Learn Tourism, Inc. products and services, and solely in compliance with these Terms of Use.Prohibited Use of The Site
By accessing the Site, you agree that you will not:Use the Site in Violation of these Terms of Use;
Use the Site in violation of the terms of Learn Tourism, Inc.’s Acceptable Use Policy;
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Learn Tourism servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs any Learn Tourism website or interferes with any other party’s use and enjoyment of the Site;
Mirror or frame the Site or any part of it on any other web site or web page.
Attempt to gain unauthorized access to the Site;
Access the Site by any means other than through the interface that is provided by Learn Tourism for use in accessing the Site;
Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Eligibility and Account Terms
Age of Access. You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
OFAC Restrictions. As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.
User Accounts. To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.
Creator Accounts. To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.
If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.Admin User Accounts. Depending on the Learn Tourism, Inc. subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.
A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.Account Ownership Disputes. In the unlikely event that there is a dispute over the ownership of an account, Learn Tourism, Inc. has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
copy of Your photo ID
Your business documents, including a Charter, Certificate of Incorporation, LLC
Agreement, business license, or other documentation showing ownership of Your entity;
Your billing information and details;
Certified copies of your tax forms; and
Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Learn Tourism, Inc. reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.
Relationship between Learn Tourism, Inc. and Users
Creators and Students are not employees of Learn Tourism, Inc.
Learn Tourism, Inc. is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses and other content (“Creator Content”) available and, at each Creator’s election, for processing payments through Learn Tourism, Inc.’s payment gateway(s). Learn Tourism, Inc. is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, Learn Tourism, Inc. only provides Creators with limited information about Students enrolled in their services, including name, email address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s school. Learn Tourism, Inc. does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.Third Party Communications
By using Learn Tourism, Inc.’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Learn Tourism, Inc. is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Learn Tourism, Inc. assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.Copyrights and Trademarks
The Site is based upon proprietary Learn Tourism, Inc. technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Learn Tourism, Inc. or its licensors (if any). Learn Tourism, Inc. owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Learn Tourism, Inc., the open book Design, the Learn Tourism, Inc. logos, and other marks used by Learn Tourism, Inc. from time to time are trademarks and the property of Learn Tourism, Inc.. The appearance, layout, color scheme, and design of the Learn Tourism, Inc. site are protected trade dress. Customer does not receive any right or license to use the foregoing. Learn Tourism may use and incorporate into the Site or the Learn Tourism, Inc. Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Learn Tourism, Inc.’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Learn Tourism, Inc. of the third party, the third-party web site, or the information there. Learn Tourism is not responsible for the availability of any such web sites. Learn Tourism, Inc. is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Learn Tourism, Inc. affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.Downloading Files
Learn Tourism, Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.Disclaimers; Limitations of Liability
Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Learn Tourism, INC. IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF Learn Tourism, INC. OR ANY OF Learn Tourism, INC.’S 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.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, Learn Tourism, INC. IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF Learn Tourism, INC. AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Learn Tourism, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.Privacy
Your use of the Site is subject to Learn Tourism’s Privacy Policy.Additional Terms of Service
If you are a customer of Learn Tourism or an employee, representative or agent of a Learn Tourism customer, your use of the Learn Tourism Service is subject to Learn Tourism’s Customer Terms of Service.The Learn Tourism, Inc.’s General Rights In Operating Its Platform
Learn Tourism, Inc. may modify, terminate, or refuse to provide Learn Tourism, Inc. Services at any time for any reason, without notice.
Learn Tourism, Inc. may remove anyone from the Learn Tourism, Inc. Platform at any time for any reason, solely in Learn Tourism, Inc.’s discretion. This right is not modified by any other section of these Terms.
Learn Tourism, Inc. reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Learn Tourism, Inc. Platform, and for other legitimate business purposes, as necessary, in Learn Tourism, Inc.’s discretion.
Learn Tourism, Inc. may, but has no obligation to, monitor any User Content that appears on the Learn Tourism, Inc. Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Learn Tourism, Inc. employees.
Learn Tourism, Inc. reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
If You close Your account or terminate Your school, Learn Tourism, Inc. may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
Learn Tourism, Inc. reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.
Learn Tourism, Inc. has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.
General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Learn Tourism of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Learn Tourism therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Learn Tourism does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Learn Tourism, Inc.’s Privacy Policy, your use of the Site, any other Learn Tourism, Inc. web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Fort Lauderdale, Florida in the event of any dispute of any kind arising from or relating to these Terms of Use, Learn Tourism, Inc.’s Privacy Policy, your use of the Site, any other Learn Tourism, Inc. web site or the Content.