Terms Of Use Agreement for the Learn and Lead Platform
Date last updated: 28/05/2025
The Learn and Lead Platform is a dynamic digital library and network owned and operated by Learn and Lead Ltd, with offices in the Turks & Caicos Islands. This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the Learn and Lead.com website, those goods or services of Learn and Lead that interact with it (including our APIs, mobile application, and Live video tool), and the content contained there (“L&L Platform”).
By your use of this site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including:
Digital Content License. All content on L&L, including but not limited to texts, images, videos, animations, and other materials is protected by copyright. Unauthorized use, reproduction or distribution of this content is strictly prohibited.
Changes And Modifications. The Learn and Lead Team may change or amend this Agreement from time to time. If we make material changes, we will endeavour to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the L&L Platform after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the L&L Platform; otherwise, the new terms will apply to you.
As long as you comply with this Agreement, we grant you full access to use the content on the Learn and Lead platform as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
All Ages. The L&L Platform is intended for use by persons of all ages. If under 13 years of age, you must have the consent of your parent or guardian, who must and hereby does consent to this Agreement – to use the L&L Platform or the other websites using Learn and Lead technology. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”) in the United States and the European Union’s General Data Protection Regulation (GDPR) of 2018, we will never knowingly solicit, nor will we accept, personally identifiable information from users of the L&L Platform known to be under 13 years of age. Please see our privacy for additional information, including information regarding how to notify us of any concerns you may have in this regard.
Accessibility. Learn and Lead Ltd is committed to making its L&L Platform usable and accessible to the widest possible audience, regardless of technology or ability, and provides a number of features that support the accessibility of the L&L Platform:
Limitations to Accessibility. While Learn and Lead Ltd strives to ensure the accessibility of the L&L Platform, you may find some limitations.
Please report any problems to the support team at Learn and Lead ([email protected]) For fastest processing, please include the phrase “Accessibility Request” in the subject line and in the body of your message.
Uses of the L&L Platform. You agree not to, and will not assist, encourage, or enable others to:
Your Password. If you create a Registered User account, you are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Registered User account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.
Information You Provide. You must accurately provide us with all requested information when you sign-up as a Registered User of the L&L Platform.
Adding Content to the L&L Platform
Learn and Lead’s Assets. Except for Educational Materials, all text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “Learn and Lead’s Assets”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Learn and Lead’s Assets, is owned, controlled, or licensed by or to Learn and Lead, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of Learn and Lead’s Assets for any purpose, and nothing otherwise stated or implied in the L&L Platform confers on you any license or right to do so.
To Third Party Sites. The L&L Platform may link to third party sites that are not under the control of Learn and Lead. Links from the L&L Platform are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. Learn and Lead has no control over and bears no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.
From Third Party Sites. If you present a link to any portion of the L&L Platform from any third-party site, you agree to present the link in a manner that does not convey the impression that Learn and Lead endorses, whether expressly or implicitly, any products, services, or opinions provided on your website. Any link to the L&L Platform must provide a clearly written notice that the user is leaving your website to access another.
Violation of this Agreement - Termination
Your right to access and use the L&L Platform terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the L&L Platform and/or block your future access to the L&L Platform for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the L&L Platform. Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.
If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the L&L Platform. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE L&L PLATFORM IS AT YOUR SOLE RISK. THE L&L PLATFORM, AND ANY GOOD OR SERVICE DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE L&L PLATFORM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (COLLECTIVELY, “OUR AFFILIATES”), EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE L&L PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE L&L PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE L&L PLATFORM, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE L&L PLATFORM OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE L&L PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE L&L PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE L&L PLATFORM; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE L&L PLATFORM; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE L&L PLATFORM; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT, EDUCATIONAL MATERIAL, AND/OR METADATA, OR FOR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Learn and Lead and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the L&L Platform. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
General Terms
Entire Agreement. These Terms of Use contain the entire agreement between you and LEARN AND LEAD regarding the use of the L&L Platform and supersede any prior agreement between you and LEARN AND LEAD on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from us, our affiliates, or our parents or subsidiary entities.
Governing Law. The Law of Turks and Caicos Islands will govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the L&L Platform, content appearing thereon, or any other matter – without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the courts located within Turks and Caicos Islands.
Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the L&L Platform shall be settled by confidential binding arbitration administered by The Supreme Court in accordance with its Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be London, England. The arbitration shall be governed by the laws of England and Wales. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices. We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to the L&L Platform. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at ([email protected]) for fastest processing, please include the phrase “Terms of Use” in the subject line and in the body of your message.
Date last updated: 28/05/2025
The Learn and Lead Platform is a dynamic digital library and network owned and operated by Learn and Lead Ltd, with offices in the Turks & Caicos Islands. This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the Learn and Lead.com website, those goods or services of Learn and Lead that interact with it (including our APIs, mobile application, and Live video tool), and the content contained there (“L&L Platform”).
By your use of this site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including:
- Our Privacy Policy –
Digital Content License. All content on L&L, including but not limited to texts, images, videos, animations, and other materials is protected by copyright. Unauthorized use, reproduction or distribution of this content is strictly prohibited.
Changes And Modifications. The Learn and Lead Team may change or amend this Agreement from time to time. If we make material changes, we will endeavour to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the L&L Platform after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the L&L Platform; otherwise, the new terms will apply to you.
As long as you comply with this Agreement, we grant you full access to use the content on the Learn and Lead platform as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
All Ages. The L&L Platform is intended for use by persons of all ages. If under 13 years of age, you must have the consent of your parent or guardian, who must and hereby does consent to this Agreement – to use the L&L Platform or the other websites using Learn and Lead technology. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”) in the United States and the European Union’s General Data Protection Regulation (GDPR) of 2018, we will never knowingly solicit, nor will we accept, personally identifiable information from users of the L&L Platform known to be under 13 years of age. Please see our privacy for additional information, including information regarding how to notify us of any concerns you may have in this regard.
Accessibility. Learn and Lead Ltd is committed to making its L&L Platform usable and accessible to the widest possible audience, regardless of technology or ability, and provides a number of features that support the accessibility of the L&L Platform:
- Pages on the L&L Platform are intended to be compatible with screen readers and accessible to keyboard navigation. Additionally, innovative tools on the L&L Platform are built with well-formed HTML semantic tagging structures whenever possible, which include ARIA long descriptions, image captions, and embedded A11y accessibility mode microdata.
- The L&L platform supports several AFA and A11y metadata fields. Use the Accessibility criteria in Advanced Search to find resources that include features such as ARIA long descriptions, transcripts, and captions, or that support specific learning modes such as auditory, visual, or textual.
Limitations to Accessibility. While Learn and Lead Ltd strives to ensure the accessibility of the L&L Platform, you may find some limitations.
Please report any problems to the support team at Learn and Lead ([email protected]) For fastest processing, please include the phrase “Accessibility Request” in the subject line and in the body of your message.
Uses of the L&L Platform. You agree not to, and will not assist, encourage, or enable others to:
- Use the L&L Platform to harass, threaten, impersonate, or intimidate anyone.
- Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or that is racially, ethnically, or otherwise objectionable, or any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation, or any worms or viruses or any code of a destructive nature.
- Reverse engineer any portion of the www.Learnandlead.com website or platform powered by Learn and Lead.
- Use any robot, spider, site search/retrieval application, or other automated device, process, or means not provided by Learn and Lead to access, retrieve, scrape, or index any portion of the site.
- Record, process, or mine information about other users or about the Learn and Lead Platform.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands on the site or L&L Platform.
- Interfere with the proper working of the L&L Platform, circumvent or otherwise interfere with any security-related features of the L&L Platform, or attempt to gain unauthorized access to the L&L Platform, Registered User accounts, or any computers/networks associated with the L&L Platform through hacking, password mining, or any other means.
- Use the L&L Platform for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws).
Your Password. If you create a Registered User account, you are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Registered User account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.
Information You Provide. You must accurately provide us with all requested information when you sign-up as a Registered User of the L&L Platform.
Adding Content to the L&L Platform
Learn and Lead’s Assets. Except for Educational Materials, all text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “Learn and Lead’s Assets”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Learn and Lead’s Assets, is owned, controlled, or licensed by or to Learn and Lead, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of Learn and Lead’s Assets for any purpose, and nothing otherwise stated or implied in the L&L Platform confers on you any license or right to do so.
To Third Party Sites. The L&L Platform may link to third party sites that are not under the control of Learn and Lead. Links from the L&L Platform are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. Learn and Lead has no control over and bears no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.
From Third Party Sites. If you present a link to any portion of the L&L Platform from any third-party site, you agree to present the link in a manner that does not convey the impression that Learn and Lead endorses, whether expressly or implicitly, any products, services, or opinions provided on your website. Any link to the L&L Platform must provide a clearly written notice that the user is leaving your website to access another.
Violation of this Agreement - Termination
Your right to access and use the L&L Platform terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the L&L Platform and/or block your future access to the L&L Platform for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the L&L Platform. Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.
If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the L&L Platform. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE L&L PLATFORM IS AT YOUR SOLE RISK. THE L&L PLATFORM, AND ANY GOOD OR SERVICE DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE L&L PLATFORM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (COLLECTIVELY, “OUR AFFILIATES”), EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE L&L PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE L&L PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE L&L PLATFORM, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE L&L PLATFORM OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE L&L PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE L&L PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE L&L PLATFORM; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE L&L PLATFORM; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE L&L PLATFORM; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT, EDUCATIONAL MATERIAL, AND/OR METADATA, OR FOR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Learn and Lead and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the L&L Platform. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
General Terms
Entire Agreement. These Terms of Use contain the entire agreement between you and LEARN AND LEAD regarding the use of the L&L Platform and supersede any prior agreement between you and LEARN AND LEAD on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from us, our affiliates, or our parents or subsidiary entities.
Governing Law. The Law of Turks and Caicos Islands will govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the L&L Platform, content appearing thereon, or any other matter – without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the courts located within Turks and Caicos Islands.
Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the L&L Platform shall be settled by confidential binding arbitration administered by The Supreme Court in accordance with its Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be London, England. The arbitration shall be governed by the laws of England and Wales. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices. We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to the L&L Platform. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at ([email protected]) for fastest processing, please include the phrase “Terms of Use” in the subject line and in the body of your message.