Terms and Conditions
Thank you for continuing your education through LifeBrand’s Social Media Literacy and Wellness Certificate Course!
LifeBrand, Inc. (“LifeBrand” or “we/us/our”) is a Delaware corporation. This document sets out the terms for use for our Social Media Literacy and Wellness Certificate Courses (“SMLW” or “Course”). No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and LifeBrand’s acceptance of that offer is deemed to occur upon LifeBrand’s sending a confirmation email to you indicating that your order has been accepted.
When we refer to “you” or “User,” we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, your school, or another entity, you represent and warrant that (1) you have full legal authority to bind your employer or such entity to these Terms; (2) you have read and understand these terms; and (3) you agree to these Terms on behalf of the party you represent.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE COURSE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE COURSE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE COURSE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
SERVICES PROVIDED BY SMLW
1.1 General
The Social Media Literacy and Wellness (SMLW) assessment-based certificate courses are designed with the goal to help educate students and professionals on the importance of having a positive digital presence online and explain how what you post can greatly impact you, your personal brand as well your employer or university’s brand whom you represent and are affiliated with.
DEFINITIONS
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services or information that LifeBrand makes available through the Website either now or in the future;
Services: means the services available through the Website, specifically use of the LifeBrand proprietary e-learning Course;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, and bank account numbers.
System: means any online communications infrastructure that LifeBrand makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Website: means the website that you are currently using (website (URL)) and any sub-domains of this site (subdomain.yourschool.com) unless expressly excluded by their own terms and conditions.
ELIGIBILITY AND ACCOUNT TERMS
3.1 Age of Access
You must be at least eighteen (18) years of age to use the Course, or, if you are between the ages 13 or older but younger than 18 (“Minor”), that you have reviewed these Terms with your parent or legal guardian before using the Services, and that you and your parent or guardian understand and consent to these Terms. If you are a parent or guardian of a Minor who is using the Services, you accept and agree to: (i) supervise the Minor's use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Services. 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 Course).
3.2 Acceptance
By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Course has been approved by your parent or legal guardian, or by your school or teacher for school use. You also represent that your registration and your use of the Services is in compliance with any and all applicable laws.
3.3 Account
In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to LifeBrand, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify the LifeBrand Education Team at (education@lifebrand.life). Please be aware that orders or payments can only be canceled up until provision of Services has commenced. You may be liable for the losses incurred by LifeBrand or others due to any unauthorized use of your Services account.
3.4 Child User
If you are between the ages of thirteen (13) and eighteen (18), you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 3.6 School Use, a Child User that begins the registration process for himself or herself without a Parent User (as defined in Section 3.5 Parent User) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with SMLW, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as LifeBrand reasonably believes that such access has been consented to by the Child User’s parent or guardian, or by School Consent (as discussed in Section 3.6 School Use).
3.5 Parent User
If you are at least eighteen (18) years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User”). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that LifeBrand may choose, but is not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate your registration information, including without limitation engaging third parties to provide verification services. We reserve all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT LIFEBRAND CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND LIFEBRAND IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by us at any time and without warning for any failure to abide by these Terms.
3.6 School Use
SMLW may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:
3.6.1.Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
3.6.2.Responsibility for Consent and Notices. You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users' use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO LIFEBRAND THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Specifically you agree, individually and on behalf of the Institution, that:
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law”).
(ii) You assume sole responsibility (and hereby agree that LifeBrand is not responsible for) for providing appropriate notices and disclosures to students using SMLW for classroom use ("Students" or "Student Users") and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children's Online Privacy Protection Act ("COPPA"), FERPA, or other Applicable Privacy Law.
(iii) You assume sole responsibility (and hereby agree that LifeBrand is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use, and disclosure of personally identifiable information to SMLW in connection therewith. You represent and warrant to us that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including: under FERPA, you have complied and will comply with the “school official” exception, or the “directory information” exception thereunder.
We refer to this as “School Consent.” If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify LifeBrand to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will LifeBrand be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required.
3.6.3.Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with LifeBrand that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts); or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School’s class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School’s class on the Service, please contact our customer support team
PRIVACY POLICY
Your privacy is important to LifeBrand. Please read our Privacy Policy carefully for information relating to SMLW’s collection, use, and disclosure of your personal information. Among other things our Privacy Policy explains how we treat your personal information and protect your privacy when using our Services.
4.1 How We Use Your Personal Information (Data Protection)
All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
4.1.1. We may use your personal information to (1) provide our Services to you; (2) process your payment for the Services; and (3) inform you of new products and services available from us. You may request that we stop sending you this information at any time.
4.1.2. In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
4.1.3. We will not pass on your personal information to any third parties without first obtaining your express permission.
4.2 Disclaimers
We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. No part of this Website is intended to constitute a contractual offer capable of acceptance. Whilst we use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
MODIFICATIONS OF THE TERMS
5.1 General
Upon opening an account, you accept the Terms in the form posted on our Website. LifeBrand reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, we will make a reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty (30) days after LifeBrand makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5.2 School Accounts
The following provisions apply to School Accounts in addition to the provisions set forth in Section 5.1 General above. If a change with respect to how personal information contained in education records is used or shared has a material adverse impact on Student Users or an Institution, and the Institution does not agree to the change, the Institution must notify LifeBrand within thirty days of receiving the notice of change as described under Section 5.1 General above. If we are notified as required, then the School Accounts held by that Institution will remain governed by the Terms in effect immediately prior to the change until the end of the end of the then current term of the Institution's written service agreement with LifeBrand, or, in the absence of such an agreement, the end of the current school term. If the Services are renewed or continued after such time, they will be renewed or continued under LifeBrand's then-current Terms.
PROPRIETARY MATERIALS; LICENSES
6.1 Proprietary Materials
The Services are owned and operated by LifeBrand. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7 Proprietary Materials; Licenses, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to LifeBrand, and we reserve all rights therein and thereto not expressly granted by these Terms. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.
6.2 Licensed Educational Content
LifeBrand may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by LifeBrand or its third-party licensors (the “Licensed Educational Content”). LifeBrand grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by us solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
6.3 Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of LifeBrand or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
PROHIBITED CONDUCT
7.1 General
Under this section you agree not to:
post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
use the Services in any manner that is harmful to minors;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, or perform any other fraudulent activity;
develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy lessons and other data from the Services;
use bots or other automated methods to access the Services;
delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content or User Content;
assert, or authorize, assist, or encourage any third party to assert, against LifeBrand or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made available on or through the Services;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures); or
use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
AVAILABILITY OF THE WEBSITE
8.1 General
The Website is provided “as is” and on an “as available” basis. SMLW uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, power failure, natural events, acts of war or legal restrictions and censorship.
ORDERS AND PROVISIONS OF SERVICES
9.1 General
No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between LifeBrand and you.
Order confirmations will be sent to you before the Services begin and shall contain the following:
Confirmation of the Services ordered including full details of the main characteristics of those Services;
fully itemized pricing for the Services including, where appropriate, taxes, delivery and other additional charges;
relevant times and dates for the provision of the Services; and
user credentials and other relevant information for accessing those Services.
10.2 Payment Method
Payment for the Services shall be taken via your chosen payment method as accepted by LifeBrand, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month AND/OR as indicated in the order confirmation you received. (is this a one-time payment or subject to a billing cycle?)
10.3 Fulfillment of Services
We aim to fulfill your Order within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. We will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within fourteen (14) calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights will be affected.
10.4 LifeBrand’s Right to Cure
LifeBrand shall use all our reasonable endeavors to provide the services with reasonable skill and care, commensurate with best trade practice. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) business days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
10.5 Refunds
If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within fourteen (14) calendar days.
SERVICES, PRICING, AND AVAILABILITY
10.1 General
Whilst every effort has been made to ensure that all general descriptions of Services available from SMLW correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Where appropriate, you may be required to select the required Plan of Services. We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your order.
10.2 Pricing Information
All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time as necessary. In the event prices are changed during the period between an order being placed for Services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
TERMINATION
11.1 General
These Terms remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
11.2 Termination by LifeBrand
LifeBrand, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with SMLW or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. We may also, in our sole discretion and at any time, discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LifeBrand may have at law or in equity. As discussed herein, LifeBrand does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
11.3 Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of LifeBrand in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
11.4 Termination by School Personnel
School Personnel may terminate use of the Services individually and/or with respect to School Accounts created by such School Personnel at any time by contacting us provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate accounts created for school use. Prior to termination of School Accounts at the direction of School Personnel, LifeBrand may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under these Terms (including such User's learning activity). Any such Personal accounts will be established under LifeBrand's standard account opening process, including parent consent for Users between the ages of thirteen (13) and eighteen (18) years old.
11.5 Termination by Parents
As a Parent User, if you created a Child account on the Services and have a Parent User account associated with the Child account, you can terminate your Child’s login account through the account profile, or by contacting us, although we may need to verify your identity prior to taking any action with respect to the account. Parents of Students who are using School Accounts created by or at the direction of your Child’s teacher in school may first need to contact your child’s school to request termination.
11.6 Responsibility for Pre-Termination Activity
Termination of the Terms to any User account will not limit LifeBrand’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
LIMITATIONS OF LIABILITY AND DAMAGES
12.1 Limitations of Liability
To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk. LifeBrand will not be liable for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
12.2 Limitations on Damages
IN NO EVENT WILL LIFEBRAND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO LIFEBRAND, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12.3 Severability
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12.4 No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
GOVERNING LAW
13.1 Jurisdiction, Class Action, and Arbitration
The Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflict of law that would cause the applications of the laws of any other jurisdiction. You agree that any and all disputes that cannot be resolved between the parties, and cause of action arising out of or connected with SMLW shall be resolved individually, without resort to any form of class action, exclusively by arbitration in a location selected solely by LifeBrand. BY AGREEING TO ARBITRATION YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
MISCELLANEOUS
14.1 Entire Agreement
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and LifeBrand relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy, or Guidelines made by LifeBrand as set forth in Section 5 Modification of the Terms above.
