Terms & Conditions User Agreement

Terms of Service — The Learning Prism, Inc./WordPress.com

Last Updated: February 10, 2024

The Gist

We (the folks at The Learning Prism) are on a mission to make on-going personal and professional development more engaging and accessible. We hope you love our products and services — from our online courseware, printouts and worksheets, extension activities for personal access and recall, to the next great idea that we haven’t even thought of yet — as much as we love creating them.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.

These Terms of Service have been modified to comply with the requirements for use of The Learning Prism.com website with permission from Automattic. These Terms have been made available under a Creative Commons Sharealike license and are available by Automattic. You can grab a copy of these Terms and other legal documents on GitHub.

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for WordPress.com, WooCommerce.com, WooCommerce Shipping & Tax, WooPay, Jetpack.com, VaultPress.com, Happy.Tools, Jetpack CRM, MailPoet, WPScan.com, and WordPress.com Courses (collectively, “Services”). 

These Terms govern visitors’ access to and use of any websites that use our Services, like the website for The Learning Prism, Inc., created on WordPress.com. 

For some of Automattic’s other products, services, and programs, such as Akismet, Crowdsignal, Newspack, WordPress VIP, our Affiliate Program, and our Refer-A-Friend Program, additional or separate terms and policies may apply.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You/your/user” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe.

All Automattic Services (except WooCommerce). 

If you reside outside of the Designated Countries: Automattic Inc.

If you reside in the Designated Countries: Aut O’Mattic A8C Ireland Ltd.

WooCommerce Services

WooCommerce Services includes WooCommerce, WooCommerce Payments,WooCommerce Shipping, MailPoet, and any products or services purchased fromWooCommerce.com.

If you reside outside of the Designated Countries: WooCommerce, Inc.

If you reside in the Designated Countries: WooCommerce Ireland Ltd.

We refer to The Learning Prism, The Learning Prism Inc., Global Courseware Inc., Automattic Inc., Aut O’Mattic A8C Ireland Ltd., WooCommerce, Inc., and WooCommerce Ireland Ltd. collectively as “The Learning Prism,” “us,” “our”, “supplier”, or “we” throughout these Terms.

2. Your Account 

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a thelearningprism.org account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications by emailing us at: support@thelearningprism.org .

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blogpost you write about your boss, that’s on you.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy. 

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services Under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We can’t review, all of the content (like text, photo, video, audio, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example: We don’t have any control over third-party websites. A link to or from one of our Services does not represent or imply that we endorse any third-party website.

We do our best to ensure that our website Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, Renewal and Refunds

The Learning Prism Fees for Paid Services/Refunds.

This section applies to any purchases of Paid Services. Our consultation services, online courseware, and provided downloadable resources are all provided to you free of charge, providing you adhere to and honor the Licensing expectations contained within this Agreement. We are a non-profit organization. Any donations provided to us, by you, may be tax deductible. Please consult your tax professional regarding any tax benefits of donating to our worthwhile cause.

a. Fees Collected or paid to The Learning Prism, Inc.

The Learning Prism can provide items (goods, content, services, etc.), and offer subscriptions from our website. Automattic is not involved in The Learning Prism’s subscription details of store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you donate to The Learning Prism, Inc., you’re making the donation directly to us, and Automattic is not responsible for provided courseware, materials, or services. 

The Learning Prism, Content Users or Representative User Entities: For digital content, you agree that any access to use of digital content will be made available to you immediately. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them copiable, transferable, or available to third parties.

Please contact support@thelearningprism.org if you have any questions or concerns regarding product purchases.

b. Refunds. 

We typically will not offer refunds for any donations. Any and all of your proceeds will go to extend your hand to those communities and worthwhile organizations communicated to you on our “About Us” page, through the use and continued development of our products and services. We will, however, provide refunds if required by law. You may contact us with any refund concerns or for additional clarification by sending a clear, written request to: support@thelearningprism.org .

c. Your Payment.

Please provide accurate and up-to-date payment information for any authorized donation payments. By providing your payment information, you authorize us to store it until you request deletion.

e. Taxes.

As a nonprofit organization, any donations to The Learning Prism, Inc., or through our website, may be tax deductible. Please consult your tax professional regarding any tax benefits of donating to our worthwhile cause.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you. Contact us at: support@thelearningprism.org

7. General User Responsibilities Agreement

Our mission is to make online learning a better place, and our Services are designed to give you control over your purchased courses. We encourage you to take full advantage of participating in the purchased online courseware access and use of the provided downloadable materials, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

• You will be in strict accordance with this Agreement;
• You will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• You will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• You will not infringe or misappropriate the intellectual property rights of The Learning Prism, Inc., or any third party;
• You will not infringe upon any Copyright Laws (see 14. Copyright Policy) regarding redistribution or unauthorized reproduction of our provided digital and/or hardcopy content purchased and/or received according to this User Agreement of purchased courseware and/or materials through The Learning Prism, Inc.;
• You will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• You will not disclose the personal information of others;
• You will not use our website or services to send spam or bulk unsolicited messages;
• You will not interfere with, disrupt, or attack any service or network;
• You will not use The Learning Prism website or content to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• You will not use The Learning Prism website or content to involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; 
• You will only use our Services or related data if you have been granted access as an authorized User; 
• You will not involve or allow for unauthorized free use of your authorized account access; and
• You will not involve or allow for account renting, leasing, loaning, selling, or reselling the Services or related data without our written consent.

8. Our Specific Service Use Terms

a. The Learning Prism, Inc., personal and professional development consultation, courseware, and downloadable materials. 

The Learning Prism enables you to purchase and to be provided with personal and professional development consultation, participation in online courses, and downloadable materials, to work to improve your own personal and professional growth and development. Our ongoing efforts are to provide for our learners the highest quality personal and professional development, and we welcome your ongoing feedback for our consideration and implementation. 

However, although our years of education and practice have afforded us capability to provide you with these services, your own implementation and use of our consultations and services do not guarantee your own personal and/or professional success as a result of using or implementing our coursework or Services. Please contact us with any questions or concerns regarding product quality and expectations for use: support@thelearningprism.org 

9. Authorization for Collection of User Statistical Data.

We collect user statistical usage data for ongoing improvement of our products and services.  By using our website and courseware, you agree to the collection of such data for these statistical use purposes.

If your access and use of our materials was purchased by your employment/affiliate representative agency, and you have agreed for your employment/affiliate representative agency to collect data on your behalf, your use of our website authorizes the collection of said statistical data for these purposes. You authorize The Learning Prism, Inc. to collect, analyze,  evaluate and to provide your employment/affiliate representative agency with collected data outcomes and statistics. For added clarification, please refer to our Privacy Policy and Privacy Notice Regarding Automattic for Visitors to Our Site.

10. The Learning Prism, Inc. (We) responsibilities:

• We comply with all applicable laws (such as those relating to automatic renewal or acknowledging consumer disclosures) and do not to engage in unfair, deceptive, or abusive acts or practices;
• We are responsible for all products and services we provide, including delivery, support, refunds, returns, providing any appropriate warnings, and ensuring all information we’ve provided is accurate, complete, and current;
• We are responsible for accurate communication of product and transaction details, sets expectations appropriately, and fulfills all commitments we have made;
• We are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. We collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, we will tell our customers about any Taxes they may be required to pay and issue appropriate invoices.
• We are responsible for acquiring appropriate consent to process customer transactions, giving customers confirmation or receipts for each charge, verifying customers identities, and determining a customer’s eligibility and authority to complete transactions;
• We provide contact information so users can contact us with questions or complaints: support@thelearningprism.org .
• We maintain fair and legally compliant return, refund, cancellation, and adjustment policies and clearly explain how customers can request a refund by contacting: support@thelearningprism.org .
• We are responsible for all questions, complaints, disputes (including chargebacks), refunds, reversals, or fines that arise from your use of our Ecommerce Services.
• We do not encourage customers to submit chargebacks;
• We are responsible for investigating any transaction we believe may be erroneous, suspicious or prohibited by law, or otherwise pose unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from our customer before fulfilling or completing the transaction.
• We are solely responsible for ensuring that our transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
• We comply with Payment Card Industry Data Security Standard (PCI DSS) if applicable.
• We will promptly notify Automattic via email if we receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) that’s related to our use of Ecommerce Services.

11. Prohibited Uses.

You will not use The Learning Prism Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or our customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

• Ecommerce Services cannot be used in, from, by, or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
• If you’re using our Ecommerce Services, you must observe all Store Guidelines. We may terminate your access to our Services or force refunds (where possible) to you, our customer, without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.

12. Fees and Negative Balances.

In some cases, you pay us fees relating to the Ecommerce Services you use. For example, if you use WooCommerce Payments, there are transaction fees and dispute fees. Please note that we have no obligation to reimburse or refund these revenue-based fees.

If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.

13. Third-Party Services.

We use third-party services, like Stripe or PayPal to collect payment, TaxJar to calculate Taxes, or EasyPost to manage shipping. Please note that WooCommerce Payments is powered by Stripe. We use WooCommerce Payments and other third-party services, some of your data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, Payments requires a Stripe account to manage payments, and when you use Stripe, you agree to their terms and policies. Please note that third-party services may also charge you fees to use or access their services, as Stripe does for Payments. We’re not involved in these relationships, but may facilitate transactions or communication. For example, we may, on your behalf, receive notices or forms relating to your Stripe Account.

As part of WooCommerce Payments, we may use certain third parties to fulfill our obligations to you, including integrating with payment processing third parties. You may be subject to the terms and conditions of those third parties, and using WooCommerce Payments means you agree to comply with those terms and conditions. In particular, you cannot use WooCommerce Payments to enable any person (including you) to benefit from restricted businesses or activities. If we use another third party to fulfill these services, you authorize us to share your payment method information with an alternative third-party payment processor that is or will be integrated into WooCommerce Payments. 

We may refuse, condition, or suspend any transaction or account (including your use of WooCommerce Payments) if we believe you have violated the Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion. You authorize us to share data relating to WooCommerce Payments with the applicable payment processing third party for their use in accordance with their privacy policy. Please Refer to our privacy policy for details on how we otherwise collect, use, and disclose data made available to us as part of WooCommerce Payments.

When you use WooCommerce Payments, WooPay will be available as a checkout option on your checkout page. WooPay may not be available in all languages or jurisdictions, and we make no representation that WooPay is available for use in all locations or for all products or services. The use of saved WooPay information for a transaction does not change your obligations relating to the transaction. By enabling WooPay we acknowledge that we may collect and process information about you and your orders pursuant to our privacy policy. You will comply with any additional terms and conditions required by any third-party services associated with your use of WooPay.

14. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Copyright Policy and send us a notice.

Intellectual Property

The User Agreement does not transfer any Learning Prism site content or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between The Learning Prism and you) solely with The Learning Prism, Inc., Automattic, WordPress, WordPress.com, WooCommerce, Jetpack, VaultPress, Happy Tools, Jetpack CRM, MailPoet, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of The Learning Prism, Inc. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Learning Prism site content, trademark or third-party trademarks.

Courseware and Materials License Agreement

Please read this license agreement carefully before using our training materials. By proceeding to use the copyrighted materials provided by The Learning Prism, Inc. (the “Supplier”) and course developer (the “Developer”) Global Courseware, Inc., you agree to be bound by the terms and conditions of this license agreement (the “Agreement”). If any of the terms of this agreement are violated, the license shall be revoked.

1. LICENSE: Subject to the terms and conditions of this Agreement, the Supplier grants to you a revocable, non-exclusive license to use the training materials, which includes any and all electronic documents downloaded by you, software delivered to you by the Supplier, and any associated updates provided by the Supplier or Developer, including any Derivative Works (as defined herein) (collectively the “Licensed Materials”).
2. USAGE: The license granted in this Agreement is restricted to use for training purposes only.
3. ACCESS: You shall not be allowed access to the Licensed Materials without an online username and password. Placing the materials on marketplace, open source, shared digital or hard copy content, third-party transference, or any third-party websites is strictly prohibited.
4. TRANSFERANCE OR RESALE: This Agreement specifically prohibits the distributing, reselling, or otherwise transferring, of any of the Licensed Materials, in part or whole.
5. TERM: The term of the license granted under this Agreement shall commence upon use by you of the Licensed Materials and shall continue indefinitely unless terminated by Supplier should you fail to comply with any terms and conditions of this Agreement. You shall instruct those using the Licensed Materials that the making of unauthorized copies of any component of the Licensed Materials is a violation of intellectual property law and this Agreement.
6. LIABILITY: Supplier, course developer and its directors, employees, successors, or other agents shall not be held liable for any direct or indirect loss or damage resulting from your use and/or unauthorized distribution/resale/transfer of the Licensed Materials. You agree to indemnify, defend, and hold harmless Supplier from and against any and all liability of any kind or nature whatsoever to you or any third parties which may arise out of your use or unauthorized distribution/resale/transfer of the Licensed Materials.
7. CONTROVERSY: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, USA. If any conditions or terms conflict with those in this Agreement, then the terms in this Agreement shall prevail.
8. ELEARNING/VIDEO CONTENT: “ELEARNING / VIDEO CONTENT” means any image, video, audio, visual representation generated electronically, digitally or by any other means, digital files, or any copies thereof, or any other product protected by copyright, trademark, patent, or other intellectual property right, which is made assessable to the User by the Supplier under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole. User may not: A) make the Licensed Material available (separate from the Supplier Work) in any medium accessible by persons other than authorized Users; or B) make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file. User may store the Licensed Material in a digital file, network configuration or similar arrangement to allow the Licensed Material to be viewed and accessible by User.
9. SOCIAL FORUMS, THIRD PARTY WEBSITES: If the Licensed Material is Reproduced or Accessible on a social media platform or other third-party website (“many-to-many”):
   1. The rights granted herein shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement.
   2. In such an event, upon the Suppliers’ request, User shall remove any Licensed Material from such platform or website.

15. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself (“Third-Party Services”). If you use any Third-Party Services, you understand that:

• Third-Party Services aren’t vetted, endorsed, or controlled by The Learning Prism, Inc. Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services. Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
• Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. 
• Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
• If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
• In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account.
• If you purchase Google Workspace or G Suite, there are a few other things we want to highlight: these services are provided by Google, and your use of them is subject to Google’s Terms of Use for the services, which you’ll accept before using Google Workspace or G Suite for the first time. We’re an authorized reseller of Google Workspace and G Suite, but make no warranties about Google’s services, and disclaim Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines.

16. Changes to our Services

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.

17. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Learning Prism policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources you use, or terminate your access to our Services, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

18. Disclaimers

Our Services are provided “as is.” The Learning Prism, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Learning Prism, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

19. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, this Agreement and any access to or use of our Services will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention on Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Navajo County, Arizona, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

20. Limitation of Liability

In no event will The Learning Prism, Inc., or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to The Learning Prism under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. The Learning Prism, Inc. shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. The Learning Prism, Inc., isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

21. Indemnification

You agree to indemnify and hold harmless The Learning Prism, Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any e commerce activities conducted through your use of The Learning Prism website.

22. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, NorthKorea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed

on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) we shall not use or allow access by any of our customers or potential customers (if applicable) to the Services in any manner that may cause The Learning Prism, Inc. to violate US export controls and sanctions. We reserve the right to restrict or block your access to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

23. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

24. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between The Learning Prism, LLC. and you concerning our Services. If any part of this Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Learning Prism, LLC. may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Used with permission from Automattic Inc. © The Learning Prism, Inc., 2024.

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