Terms of Service

Terms of Service

The gist:

We (KALM United) have become truly invested in providing the awesome “Website and Service” at LearningKeeper.com. We hope you use and love LearningKeeper. We offer a subscription based Service that is expressly for you and your family to enjoy. We expect you will respect others’ copyrights as you add to your LearningKeeper ePortfolio. We prohibit the use our Service for distasteful content including but not limited to: pornographic material, illegal actions, harmful operations, or intent to hurt another. Use of these services and products for sale, trade, commercial, or other use not specifically allowed in these terms is prohibited.

Terms of Service:

The following terms and conditions govern all use of the LearningKeeper.com website and all content, services and products available at or through the website, including, but not limited to, LearningKeeper ePortfolios. The Website is owned and operated by KALM United (“we, us, our, Website, and or Service”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LearningKeeper.com’s Privacy Policy) and procedures that may be published from time to time on this Site by KALM (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the LearningKeeper. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LearningKeeper, acceptance is expressly limited to these terms. Primary access to the Website is available only to individuals who are at least 13 years old. Secondary use by dependents of the primary user, considered parent or guardian, is at the sole discretion and responsibility of the primary user.

  1. Your LearningKeeper.com      Account and Portfolio.

If you create a portfolio on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Service. You must immediately notify LearningKeeper of any unauthorized uses of your account or any other breaches of security. LearningKeeper will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  1. Payment      and Renewal.
    • General       Terms.
      LearningKeeper may provide a       temporary free trial offer at any time. Such trials are limited to one       per address, per family. Files will not be transferred from one User to       another in any circumstance. Users who choose to not continue with the       Service after the trail period will not have access to their accounts       until the account is considered active with a current, in good standing       subscription plan. Any free trial offer removes the right to any refund       by the user as described in the section on “Cancellation”.

By using the Service, you agree to LearningKeeper’s subscription services. You will be billed at the intervals and for the respective amounts for your subscription and any additional upgrades you select. Upgrades and additional services may be available and will be indicated on the Billing section of your account. The Service and any additional offerings are on an opt-in basis and will be in effect until the user takes action to opt-out or at the close of a stated date of validity.

LearningKeeper may, at any time, offer sales, promotions, or alter the said user plans available. Your plan will not be amended or changed after the day the user subscribes to LearningKeeper with the exception of cancellation (see Cancellation) or a change in subscription to take effect on the next billing date. The user agrees to the stated subscription terms upon opt-in to the Service.

During activation you must agree to the terms and conditions of using the Service. Registration as a user of or subscriber to any of the Sites or services provided on them results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent to that storage and processing.

    • Automatic       Renewal.
      Unless you notify LearningKeeper at least three days before the end of       the applicable subscription period that you want to cancel an upgrade or subscription,       your upgrade and subscription will automatically renew and you authorize       us to collect the then-applicable annual or monthly subscription fee for       such subscription and any upgrades (as well as any taxes) using any       credit card or other payment mechanism we have on record for you.       Upgrades can be canceled at any time in the Billing section of your user       dashboard. Accounts created with a coupon code may not receive the same       discounts as at the time of opt-in if such discounts are no longer       available upon renewal.

 

  1. Cancellation      and refunds.

Users who opt-in after a trial period will not be granted a refund but may elect to cancel future renewals. Cancellations always go into effect on the next billing date and require three days notice. Users who have not had a trial period may request a refund within 14 days. No refunds will be granted after that time. This user may cancel, effective on the next billing cycle with three days notice, at any time. Changes to subscriptions or billing information can be made in the Billing section of the Settings window of the user’s account.

  1. Statement      of Data Retention.

Files will be retained for all active, in good standing accounts. Accounts that are not renewed or are dormant due to payment decline will be maintained for 12 months. Users are not guaranteed access to their account that is dormant or has been terminated after the 12 month period.

 

LearningKeeper will take reasonable and acceptable actions to ensure the integrity of user data and the protection of LearningKeeper. All rights to LearningKeeper, its software, and data are owned solely by KALM United. LearningKeeper is not responsible for breeches in data due to unauthorized access by a third party, error on the part of a contracted third party supplier, or circumstances outside the control of KALM United such as terrorist, criminal, natural, or other disaster events. The Service will provide data recovery on a case by case, limited basis based on the nature of the event.

 

  1. File      Uploads

As a user, you may choose to upload photo, video, audio, or other files to your account. Such files will be stored on the servers of a third party, as assigned by LearningKeeper. Such files, added by the user, should consider and submit to all copyright law. Any breech of such law is the sole responsibility of the user. Uploaded files are intended to reflect the learning of the said students being allowed access through the parental account.

  1. Use of the      Service.

LearningKeeper is intended for single user (meaning parent or guardian and up to six children) on multiple devices. Use of LearningKeeper software or information on its subsidiary websites are to be used for the sole purpose of single family use in the sphere of educational documentation. Use of these services and products for sale, trade, commercial, or other use not specifically allowed in these terms is prohibited.

  1. Termination.

LearningKeeper may, at any time, discontinue services. If such a situation should arise the user may contact LearningKeeper in writing within 30 days of said termination for a prorated refund of the remainder of his or her subscription term. If no request is made within thirty days, the user will forfeit the balance of his or her subscription.

  1. Communication      and Privacy.

LearningKeeper may contact you by email, phone, or mail to offer you promotional, new, or featured services. You may opt out of the email contact by choosing to unsubscribe within the email interface or may, at times, unsubscribe by replying to the email. It is the responsibility of the user to maintain a currently email address with LearningKeeper. LearningKeeper may use affiliate links to products or services that they feel would be of benefit to its users. Use of LearningKeeper.com consents to affiliate interactions.

 

Your use, subscription, and/or purchase of LearningKeeper are subject to LearningKeeper’s privacy policy found at LearningKeeper.com.

  1. Insufficient      Funds.

Insufficient funds- Users whose payment returns with insufficient funds or any other decline may be charged a $25 decline fee. The users account will go dormant and he or she will not have access to their LearningKeeper account until the account returns to good standing. The decline fee may be waived at the sole discretion of LearningKeeper.

  1. Free      Trials.

LearningKeeper may provide a temporary free trial offer at any time. Such trials are limited to one per address, per family. Files will not be transferred from one User to another in any circumstance. Users who choose to not continue with the Service after the trail period will not have access to their accounts until the account is considered active with a current, in good standing subscription plan. Any free trial offer removes the right to any refund by the user as described in the section on “Cancellation”.

 

  1. Breach of      Contract.

Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded.

 

  1. Modifications.     

The Service has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on the LearningKeeper website under Privacy Policy/ Terms and Conditions or can be requested my emailing smiles@LearningKeeper.com. Your continued use of the Service following notice of any changes in this Agreement, or passage of one year without use of the Service following notice of any changes in this Agreement, (notice is given on your account) means that you have accepted and are bound by any changes in this Agreement.

  1. Disclaimer      of Warranties.

The Service is provided as is and we do our best to ensure accurate information and excellence in software presentation. If an error or issue is discovered please contact smiles@LearningKeeper.com with you concern.

  1. Limitation      of Liability. In no event will KALM United, or its suppliers or      licensors, be liable with respect to any subject matter of this 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 the fees paid by you to KALM United/      LearningKeeper under this agreement during the twelve (12) month period      prior to the cause of action. We shall have no liability for any failure      or delay due to matters beyond their reasonable control. Any claims or      legal actions shall remain confidential between said, “you” and      “us” until matters are resolved. The foregoing shall not apply      to the extent prohibited by applicable law.

 

  1. General      Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the LearningKeeper Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  1. Indemnification. You agree      to indemnify and hold harmless KALM United, its contractors, and its      licensors, and their respective directors, officers, employees and agents      from and against any and all claims and expenses, including attorneys’      fees, arising out of your use of the Service and associated Website,      including but not limited to your violation of this Agreement.

 

  1. Miscellaneous.

This Agreement constitutes the entire agreement between KALM United as LearningKeeper and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KALM, or by the posting by KALM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the location of our choice, in the English language and the arbitral decision may be enforced in any court. If KALM United is the prevailing party in any action or proceeding to enforce this Agreement, we shall be entitled to collect costs and attorneys’ fees from you. If KALM is not the prevailing party in legal action, you shall be entitled to the sum of all related fees and settlement up to the amount of $100 or your singular, last purchase amount from us, whichever is less. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LearningKeeper may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log:

November 18, 2013: TOS added to the Privacy Policy page.