The parties to this contract are you and Lesson Study Alliance, a 501(c)(3) corporation based in Chicago, Illinois, U.S.A., which manages the LessonNote Pro service. Lesson Study Alliance may be referred to in this document as "we", “us", or "LessonNote"
It may be necessary at some point to change these terms. We will usually try to notify you in advance, although minor changes in language may be made without advance notice. We'll announce changes here at our site. and we also may elect to notify you of changes by sending an email to the address you have provided to us.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service (see "How is My Account Closed" below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by. the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
You may establish an account either by asking us to create one for you or by creating one yourself through an automatic “sign up” page, if one exists. Either way, you provide us with a valid email address, belonging to you, which will serve as the username on the account. You may also choose your own password, and we encourage you to create one different from one you use with other services. If we create the account for you, we may assign you a temporary password, in which case it is your responsibility to change that password to one unknown by us. You are responsible for maintaining the accuracy, completeness, and confidentiality of your account information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team.
Unless you subscribed under special research program, you retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. You do have to grant Lesson Study Alliance a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Evernote acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. If you did subscribe under a special research program, then you may have granted certain rights to your Content to another organization under a separate agreement.
In order to enable Lesson Study Alliance to operate the Service, we must obtain from you certain license and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Content doesn’t infringe applicable copyright and other laws. This means that by using the Service and uploading Content, you grant Lesson Study Alliance a license to display, perform and distribute your Content, and reproduce such Content to enable us to operate the Service. You also agree that Lesson Study Alliance has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Content is stored with us), and include a right for Lesson Study Alliance to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with its legal obligations.
Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to Lesson Study Alliance that you have the unfettered legal rights and authority to submit your Content to LessonNote, and to make any publication or other distribution of that Content in your use of the Service. You also represent to us that, by submitting Content to LessonNote and granting us the rights described in these Terms, you are not infringing the rights of any person or third party.
Finally, you understand and agree that Lesson Study Alliance, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any LessonNote Pro Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, or your continued ability to access or distribute your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Lesson Study Alliance actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Lesson Study Alliance has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you find that any such modifications or interruption of service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your account. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Premium Service subscription for a period of time equal to the interruption and/or refund a portion of your subscription fee equal to the remaining unused term of the subscription, as we determine appropriate.
Lesson Study Alliance may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable.
You may close your account at any time by notifying us of your wish to do so.
Lesson Study Alliance may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity on free accounts (determined at our sole discretion), (iii) your nonpayment of any fees related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems.
In most cases, in the event we elect to close your account , we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on LessonNote Pro. After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
You agree to indemnify and hold Lesson Study Alliance, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
The Service Is Available “As Is.” You expressly understand and agree that:
|(a)||Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. to the maximum extent permitted by law, lesson study alliance expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.|
|(b)||Lesson Study Alliance does not warrant that (i) the service will meet all of your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; or (iii) all errors in the software or service will be corrected.|
|(c)||Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.|
|(d)||No advice or information, whether oral or written, obtained by you from lesson study alliance or through or from the service shall create any warranty not expressly stated in these terms of service.|
You expressly understand and agree that Lesson Study Alliance, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if Lesson Study Alliance has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (iii) Lesson Study Alliance’s actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; (iv) your failure to protect the confidentiality of any passwords or access rights to your account information; (v) the termination of your account in accordance with the terms of these terms of service; or (vi) any other matter relating to the service.