Welcome. By accessing the Site or using any of the Services, you acknowledge and affirm that you have read these Terms and our PP and voluntarily agree with and assent to be legally bound by both. PLEASE READ THESE TERMS AND THE PP CAREFULLY BEFORE ACCESSING THE SITE.
This website includes the website located at URL https://www.leaned-train.com/, along with each and all landing pages, web pages, subdomains, platforms, interactive or content delivery technologies, and internet and mobile applications (collectively, the “Site”) of or maintained by LeanED LLC (“LeanED,” “Us,” “We,” or “Our”).
We may update or modify these Terms or the PP at any time. If we make changes to these Terms or the PP, we will post electronic notice on the Site. If you continue to use the Site or Services following notice of changes to these Terms or the PP, then by your continued use you affirm that you agree with and assent to be legally bound by these Terms and the PP as changed. The most recent versions of these Terms and our PP will always be accessible through links at the bottom of the Site.
If you do not agree with any part of these Terms or the PP, please navigate away from and do not use this Site or the Services.
This Site does not include, and these Terms and the PP do not apply to, any or all websites, landing pages, web pages, subdomains, platforms, internet or mobile applications, software applications or other digital, electronic, World Wide Web, or internet locations or addresses, or any information found on any thereof, which are owned and administered by others, whether or not accessible through links or buttons on this Site.
Site ID and Ownership, Your Rights to Use Content we Share with You
This Site is owned and operated by LeanEd. The Site and all pages, forms, trademarks, and service marks appearing on this site (including but not limited to the “look and feel” of the Site), and all Content, belong wholly and exclusively to LeanED, with all rights, title, and interests therein and thereto, or to its licensors or any third party providers offering their products or services through the Site, and are protected by U.S. and International copyright and trademark laws and treaties and other U.S. laws. You acknowledge and affirm that your use of the Site or Services does not grant or transfer to you any interests, rights or licenses whatsoever in the Site or any page, form, trademark, service mark, or other part or portion of the Site, provided that if you engage in a course offered through the Site, you are granted a limited, non-exclusive, non-transferable, non-sub-licensable license to use, for your own, personal purposes only, any Content that is shared with you in connection with that course. You may store that Content within your own private, personal records for your own personal, historical reference only. You may not copy, reproduce, disclose, display, share, distribute, sell, otherwise transfer, make accessible or available, or publish that Content to any person or party for any purpose whatsoever without the express written permission of LeanED.Age and Ability to Enter Contract
To use the Site or Services, you must be at least eighteen (18) years old. By using the Site, you warrant that you are at least eighteen (18) years old and have the authority and capacity to contractually agree to these Terms and the PP. If you are a parent or guardian and need help closing a child’s account on this Site, please contact us at firstname.lastname@example.org.Allowed Use of Site/Unlawful Use of Site
This Site is intended to provide information, education and training to users and course participants. Every student is different, and your ability to effectively utilize the training depends on your knowledge and comprehension, skill level, and ability to review and practice what you have learned and perform any recommended exercises. Certain courses will require that you possess pre-requisite skills or knowledge. Content will be provided in U.S. or American English language only.
You have a limited, revocable, non-transferable, non-sub-licensable, non-exclusive license to access this Site strictly in accordance with these Terms. You agree to and will abide by, comply with, and act in accordance with the spirit and meaning of all applicable U.S. laws governing your use of this Site, the internet, and the World Wide Web. You have no license or right whatsoever to, and you will not, use (or allow or assist any other(s) to use) the Site or Services for any unlawful purpose or engage (or allow or assist any other(s) to engage) in any prohibited activity on or in connection to the Site or any part or portion of the Site, including but not limited to attempting or actually, whether on your own or any other person’s or party’s behalf:
- Copying, reproducing, republishing, forwarding, sharing, displaying, transmitting, posting, capturing, recording, distributing, modifying, creating derivatives of, reverse engineering, uploading, downloading, translating, renting, leasing, selling, transferring, or exploiting any content, information, comments, communications, notes, text, data, forms, pages, materials, trademarks, service marks, or any intellectual property of or appearing on the Site;
- Damaging, disabling, overburdening, impairing, injuring, destroying, stealing, invading, infringing, threatening, abusing, disrupting, interfering with, or otherwise violating these Terms or the Site or Services, or any part thereof, or LeanED’s or any other user’s or party’s privacy, rights, confidential information, or use or enjoyment of the Site;
- Hacking, password mining, harvesting, collecting, or gaining or attempting to gain access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment;
- Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas, algorithms, or trade secrets of the Site, any part of the Site, or LeanED, except to the limited extent any applicable U.S. laws specifically prohibit or limit such restriction;
- Disrupting, damaging, limiting, preventing, restricting, or interfering with the proper functioning of the Site or of any software, hardware, or electronic, telecommunications, or other equipment associated with the Site;
- Impersonating any person or entity, including but not limited to LeanED or any employee or representative of LeanED;
- Writing, contributing, publishing, posting, sharing, copying, forwarding, transmitting, displaying, using, reproducing, uploading, downloading, distributing, transferring, disseminating, communicating, injecting, or infecting into or onto the Site:
- any inappropriate, profane, defamatory, libelous, tortious, obscene, offensive, indecent, injurious, or unlawful images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs, including but not limited to that which may infringe or invade others’ licenses, rights, or interests;
- any images, photographs, text, information, data, content, materials, matters, files, software, scripts, graphics, clips (audio or otherwise), videos, devices, or programs that “crawl” or “spider” or contain viruses, Trojan Horses, Worms, time bombs, candlebots, or any corrupted, corrupting, harmful, or invasive effects, codes, information, instructions, sequences, data, or materials whatsoever;
- any fraudulent, false, misleading, untruthful, or inaccurate statements or information; or
- any unsolicited or unauthorized advertising or promotional information or materials or any junk mail, Maillist, Listserv, form of auto-responder, spam, or chain letters.
You understand and agree that LeanED has no obligation to monitor or police the Site or Services or the content or information on the Site or Services, but that limited authorized personnel of LeanED may monitor or police the Site and Services and any and all content or information located on the Site or Services to ensure proper use of the Site and Services and to protect consumers and providers from any and all potentially unauthorized and improper contacts, communications, or uses. You understand and agree that LeanED may in its sole discretion restrict, limit, reject, refuse, revoke, remove, freeze, or terminate any person’s or party’s access to or use of the Site or Services, including but not limited to restricting, limiting, rejecting, refusing, revoking, removing, freezing, or terminating any registrant’s participation in any course, or restrict, limit, reject, refuse, revoke, remove, freeze, terminate, or close any account or remove or delete any content or information from the Site or Services.Electronic Communications
You understand and agree that accessing the Site or Services or communicating electronically, including but not limited to via email, with or to LeanED constitutes electronic communication and establishes an electronic relationship between you and LeanED for communication purposes. You consent to receive electronic communications from LeanED, and agree that any and all agreements, notices, alerts, disclosures, updates, and other communications required or allowed to be delivered or provided to you may be delivered or provided electronically through the Site, through email, or through such other forms of electronic communication which are or may become commonly used and accepted for such purposes, and that such communications constitute communications in writing and satisfy any and all legal requirements regarding communications in writing.
Printed versions of these digital Terms, our PP, and any notices, alerts, disclosures, updates, communications, or evidences (collectively, “Communications”) of or relating to the Site or Services shall be admissible in arbitral, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LeanED each confirm that it is your wish that these Terms, our PP, and any and all Communications are, have been, and will be written in the U.S. or American English language only.Public Bulletin Boards or Communication Services
This Site may feature one or more bulletin or message boards, chat areas, news groups, forums, communities, profiles, personal pages, calendars, or other pages, platforms, or facilities designed to allow you to communicate with groups or with the public at large (collectively, “Public Communication Services”). When communicating publicly, please always use caution if or when communicating any information about yourself or others. LeanED does not control or endorse any content, materials, information, or communications appearing on Public Communication Services, and such content, materials, information, and communications do not necessarily reflect the views or opinions of LeanED or its representatives. LeanED specifically disclaims any and all liability regarding such content, materials, information, or communication. LeanED reserves at all times the right in its sole discretion to remove, edit, or refuse to post, display, or publish any content, materials, information, or communication in whole or in part for any reason or no reason, including but not limited to complying with or satisfying any applicable law, regulation, legal process, or government request.Links to Third Party Sites or Services
This Site may contain links to third party websites, offerings, or services (“Linked Sites”). Linked Sites are not controlled or operated by LeanED, and the presence of such a link does not imply any endorsement by LeanED of the Linked Site nor any association or affiliation between LeanED and the owners or operators of a Linked Site. LeanED is not responsible or liable for any content or information appearing on any Linked Site, for your experience with respect to any Linked Site, or for the acts or omissions of any Linked Site. LeanED does not endorse, guarantee, or warrant the products or services of any third party or website, and LeanED is not an agent, broker, dealer, or representative of, or otherwise responsible for or on behalf of, any such third party or website. Links to Linked Sites are provided for your convenience only. You understand and agree that you connect to, access, or use any such Linked Site solely at your own risk.LeanED Use of Third Party Services
You understand and agree that no agency, partnership, joint venture, or employment or representative relationship exists or has been created between you and LeanED as a result of these Terms, our PP, or your use of the Site or Services, and neither you nor LeanED has any right or authority of any kind whatsoever to bind the other respective party.United States Service
This Site is operated within the United States, and all data and information submitted or inputted will be connected and transferred to, and used within, the United States. By accessing the Site or Services, you consent to this use and transfer. If you are using the Site or Services from outside the United States, additional laws may apply. Please ensure that your use of the Site or Services is appropriate in your jurisdiction. If you access the Site or Services from outside the United States, you do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your use. You may not use the Site or Services in any jurisdiction in which such use would be illegal or unlawful, and you understand and agree that the Site is not intended to be used in or subject to the laws of any foreign jurisdiction.Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT USE OF THE INTERNET INVOLVES SOME DEGREE OF INHERENT RISK, AND YOU ARE WILLING TO BEAR THAT RISK WHEN USING THIS SITE AND THE SERVICES. THIS SITE AND ALL ELEMENTS THEREOF ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LEANED HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; FUNCTIONALITY OR STABILITY; CONSISTENCY; LACK OF VIRUSES; ACCURACY OR COMPLETENESS OF INFORMATION, RESPONSES, OR RESULTS; CORRESPONDENCE TO DESCRIPTION; LACK OF NEGLIGENCE; WARRANTY, DUTY, OR CONDITION OF TITLE; QUIET ENJOYMENT; AND NON-INFRINGEMENT. YOU ASSUME ANY AND ALL RISK WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES. LEANED DOES NOT WARRANT, AND MAKES NO PROMISE, REPRESENTATION, OR GUARANTEE, THAT THE SITE OR SERVICES WILL BE RELIABLE, THAT THE FUNCTIONS OF THE SITE OR SERVICES ARE OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS, SOFTWARE, OR HARDWARE THAT MAKE THE SITE OR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INVASION, OR INTERFERENCE, OR THAT THE CONTENT, INFORMATION, OR MATERIALS APPEARING OR CONTAINED ON THE SITE WILL BE CORRECT, ACCURATE, OR RELIABLE OR FREE FROM VIRUSES, HARMFUL COMPONENTS, INVASION, OR INTERFERENCE.Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LEANED IS NOT AND SHALL NOT BE, AND NO PAST, PRESENT, OR FUTURE AGENT, REPRESENTATIVE, OFFICER, DIRECTOR, OWNER, SHAREHOLDER, MEMBER, MANAGER, PARTNER, ADVISOR, EMPLOYEE, STAFF MEMBER, CONTRACTOR, LICENSOR, LICENSEE, HEIR, SUCCESSOR, ASSINGEE, SUBSIDIARY, PARENT ENTITY, OR AFFILIATED ENTITY OF LEANED (COLLECTIVELY, “AFFILIATES”) IS OR SHALL BE, LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY DAMAGES ARISING OUT OF ANY THIRD PARTY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THIS SITE OR, EXCEPT IN THE CASE OF LEANED’S DIRECT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOUR USE OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA OR INFORMATION, LOST MATERIALS OR DOCUMENTS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OR ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF LEANED OR ANY OF ITS AFFILIATES HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE THAT LEANED’S AND ITS AFFILIATES’ ENTIRE COLLECTIVE AND AGGREGATE LIABILITY ARISING OUT OF OR UNDER THESE TERMS OR THE PP OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) U.S. IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY AND EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” AND, IF YOU ARE THE RESIDENT OF ANY OTHER JURISDICTION WITH ANY SIMILAR SECTION OR PROVISION OF ANY CODE OR LAW, YOU SPECIFICALLY AND EXPRESSLY WAIVE SUCH SECTION OR PROVISION OF SUCH CODE OR LAW.Indemnification
You hereby, defend, indemnify, and hold harmless, to the maximum extent allowed by applicable law, LeanED and its Affiliates from and against any and all claims, demands, suits, actions, proceedings, arbitrations, mediations, or investigations, or threats of any thereof (collectively, “Claims”), and from and against any and all fees, costs, losses, damages, injuries, obligations, expenses, and liabilities of any nature whatsoever, including but not limited to any and all attorneys’ fees and legal costs (collectively, “Costs”), arising out of or related to your violation of these Terms or any term or provision hereof, your violation or infringement of the rights or property of LeanED or any third party, your violation of any applicable law, code, rule, or regulation, or your use of or inability to use the Site or Services or any element thereof (except in the case of LeanED’s direct gross negligence or willful misconduct), and you hereby release, waive, discharge, and covenant not to sue LeanED or any of its Affiliates for any such Claims or Costs. LeanED reserves the right, in its sole discretion and at its own cost, to assume and assert the exclusive defense and control of any matter otherwise subject to indemnification by you under this section of these Terms, in which event you will fully cooperate with LeanED in asserting any and all available defenses, and any such assertion shall in no way serve as any waiver whatsoever of LeanED’s rights to its defense and indemnification by you in such circumstances per these Terms or in or under any other or subsequent circumstances.Waiver of Jury Trial
YOU HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHT, POWER, OR REMEDY UNDER OR IN CONNECTION WITH THESE TERMS OR THE PP OR ANY AMENDMENT TO THESE TERMS OR THE PP, AND YOU AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL, AT LEANED’S DISCRETION, BE EITHER SUBMITTED TO ARBITRATION OR TRIED BEFORE A COURT AND NOT BEFORE A JURY. THE TERMS AND PROVISIONS OF THIS SECTION CONSTITUTE A MATERIAL INDUCEMENT FOR THE MAKING OF THESE TERMS AND THE PROVISION OF THE SITE AND SERVICES. IF YOU DO NOT AGREE TO THIS WAIVER OF JURY TRIAL, PLEASE NAVIGATE AWAY FROM THIS SITE AND DO NOT ENGAGE IN THE SERVICES.Governing Law, Entire Agreement
These Terms and the PP and any amendments to these Terms or the PP are and shall be governed, to the maximum extent allowed by applicable law, exclusively by these Terms and construed and enforced in accordance with the domestic substantive laws of the State of Illinois without giving effect to any choice or conflict of law rule or provision which would cause the application of the law of any other jurisdiction. Together, these Terms and the PP constitute the entire agreement and understanding between you and LeanED with respect to the combined subject matter of the Terms and PP and supersede any and all other understandings, communications or impressions with respect to or regarding your use of the Site or Services.Dispute Resolution
In the event you feel a matter of concern exists regarding your use of the Site or Services or these Terms or the PP, please contact LeanED at email@example.com.
At the election of LeanED in its sole and absolute discretion, should any matter or dispute remain unresolved between you and LeanED, such matter or dispute may either be a) submitted to final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, with proceedings to be conducted in Chicago, Illinois or b) resolved before a court of competent jurisdiction in Cook County, Illinois.
If submitted to arbitration, the subject matter before the arbitration tribunal may include claims for monetary damages and equitable and injunctive relief, and the prevailing party in any such matter or dispute shall be entitled to recover its costs and reasonable attorneys’ fees. The decision or award of the arbitrator shall be final and binding, and judgment upon such decision or award may be entered in any competent court, expressly including any such court sitting in Cook County, Illinois. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision, and the entirety of any dispute submitted to arbitration hereunder, including but not limited to scope and enforceability of this provision, shall be determined by the arbitrator. This provision survives any termination of your use of the Site or Services or of these Terms.
Alternatively, at LeanED’s sole and absolute discretion, should LeanED not elect to submit a matter or dispute to arbitration, then the State and Federal Courts of Cook County, Illinois will have exclusive jurisdiction over, and are the exclusive forums for, any such dispute, claim, or cause of action arising under or in connection to these Terms or the PP or your use of the Site or Services, whether in law or equity, regardless of your location or the party initiating the action, and You hereby irrevocably consent to personal jurisdiction in such courts, waive any right you may have to object to jurisdiction of or venue in such courts, and agree that service of process may be made upon you by any means allowed by Illinois or U.S. federal law. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees. This provision survives any termination of your use of the Site or Services or of these Terms.Remedies
LeanED may assign its rights and duties under these Terms and the PP to any party at any time without notice to you. These Terms and the PP may be amended or updated at any time or from time to time, and the most current version of these Terms and the PP shall supersede any and all previous versions and shall be accessible to you at any time by clicking on the applicable links provided at the bottom of the Site. We encourage you to periodically review these Terms and our PP and to remain informed of any and all updates. If you continue to use the Site or Services after any amended or updated Terms or PP has been posted, your use or continued use signifies your voluntary acceptance of and agreement with the Terms or PP, as the case may be, as modified.Severability
If any provision, term, covenant, or condition of this Agreement is, for any reason, held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions, terms, covenants, and conditions of this Agreement will be unimpaired and will continue in full force and effect and the invalid or unenforceable provision, term, covenant, or condition will, to the maximum extent permitted by applicable law, be limited so that it is valid and enforceable according as closely in effect as possible to the intentions of the parties to these Terms or, if it may not be so limited, it will be eliminated.Waiver
The waiver of any breach of any performance under, or of any provision, term, covenant, or condition of, these Terms is not and will not be deemed estoppel against asserting the right to require such performance in the future or a waiver of any other provision, term, covenant, or condition, nor of any subsequent breach of the same or any other provision, term, covenant, or condition. All remedies are cumulative.Construction
Words and phrases used in these Terms shall be construed and applied flexibly as in the singular or plural number, or masculine, feminine, or neutral genders, as the context upon interpretation or application so requires, and shall not be used to strictly limit any interpretation or application.Survival
All of the agreements, understandings, and obligations contained in these Terms that expressly or impliedly continue after termination of these Terms or your use of the Site or Services will survive any such termination and continue in force and effect.Questions
If you have any questions regarding these Terms, our PP, or your use of the Site or Services please contact us at firstname.lastname@example.org.Date of Last Revision
April 5, 2018