Last Modified Date: May 11, 2024
The following Terms and Conditions for the Online Sale of Services, Goods, and Information (“Terms of Services”) are entered into by and between You and 1836 Learning LLC, dba Learnomation (“Company,” “we,” or “us”) and govern your access to and use of learnomation.com, including any content, functionality and services offered on or through learnomation.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Services carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Services and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Services or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
These Terms of Services apply to the purchase and sale of services, goods, and information through Learnomation.com (the “Website”). These are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Modified Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Terms of Services that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
This document contains very important information regarding your rights and obligations, as wells as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These Terms of Services require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for services, goods, or information from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Services. You affirm that if you place an order on behalf of a company or organization, you have the legal authority to bind any such company or organization to these Terms of Services.
You may not order or obtain products or services from this website if you (a) do not agree to these Terms of Services, (b) are not at least 18 years of age, or (c) are prohibited from accessing or using this Website or any of this Website’s content, services, goods, or information by applicable law.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Services, all services, goods, and information listed in your order. All orders must be accepted by us, or we will not be obligated to sell the services, goods, or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
a. Prices posted on this Website may be different from prices offered by us at offline. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a services, goods, or information will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, if required, and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Services. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
c. The following terms may be used by us to communicate pricing information:
i. “Retail Price” references the suggested retail price.
ii. “Purchase Price” references our normal price for a product or service.
iii. “Sale” refers to a reduced price for a product or service.
iv. “Clearance” refers to a reduced price for a product or service that will be discontinued.
d. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept American Express, MasterCard, and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
a. If applicable, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
b. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Refunds for Services
a. Refund requests cannot exceed the original purchase price (including discounts) as listed on the purchase receipt.
b. Refunds for all products will be subject to a 5%processing fee.
c. Refunds are not available for products not purchased (obtained for free or through complimentary access).
- Refund for Services Requests
a. Refund requests will be honored only if the following conditions are met:
b. Broadcast Courses: Refunds are available if the request is made 48 hours before the start time of the course.
c. Classroom-based Courses: Refunds are available if the request is made 48 hours before the start time of the course.
d. Online (Distance Learning Courses): Refunds for individual courses are available if the request is made before a course is started and within thirty (30) days from the purchase date.
e. Refunds for annual subscriptions are available if the request is made before a course in the subscription package is started and is made within thirty (30) days from the purchase date.
f. A refund for broadcast bundled courses is available if the request is made before 48 hours before the start time of the first course.
g. A refund for online bundled courses is available if the request is made before a course is started and within thirty (30) days from the purchase date.
h. No credit card information is needed to process a refund.
i. Refunds will be credited to the same credit card with which the original purchase was made.
- How to Apply for a Refund for Services
a. To apply for a refund, contact Customer Service at info@learnomation.com and provide the following information:
Your name
The course/bundle/subscription name
The reason for the refund
- Returns and Refunds for Goods
a. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 10 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at info@learnomation.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
b. You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 10% restocking fee.
c. For defective returns, please refer to the manufacturer’s warranty included with the product or as detailed in the product’s description on our Website.
d. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
- Processing Refunds. Refunds are processed within approximately seven (7) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We offer no refunds on any products designated on this Website as non-returnable.
- LIMITATION OF LIABILITY
a. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
b. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
c. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
d. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
e. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- General Terms
a. Governing Law. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by, and construed in accordance with, the Laws of the State of Texas, without regard to its conflict-of-laws rules
b. Waiver of Jury Trial. After consultation with an attorney of your own selection (which counsel was not directly or indirectly identified, suggested, or selected by us, you voluntarily waive a trial by jury for all matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims). You also acknowledge that you and Company are not in a significantly disparate bargaining position.
c. Arbitration. At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
d. Jurisdiction and Venue. As additional consideration negotiated between you and Company, you agree that any suit, action or proceeding seeking to enforce any provision of this Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), may be brought in a Texas state court in Bexar County, or in a federal district court sitting in Bexar County. Each Party (a) consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding, (b) irrevocably waives, to the fullest extent permitted by Law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum, (c) will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (d) will not bring any action relating to this Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) in any other court. Process in any such suit, action or proceeding may be served on either Party anywhere in the world, whether within or without the jurisdiction of any such court.
e. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
f. Waiver. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
g. Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
h. Entire Agreement. The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and 1836 Learning LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written