The following terms and conditions govern all use of the LearnWhy website and all content, products and services products available at or through the website (taken together, the “Website”). It also includes the customer research service (including capturing, analyzing and reporting on customer insights) provided to you (“the Service”).
Please read this Agreement carefully before accessing or using the Website. 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 LearnWhy, acceptance is expressly limited to these terms.
This agreement also covers use of your Account, created when you sign up to the service.
The Website is available only to individuals who are at least 13 years old.
If you sign up on our Website for a Free Trial, we may make a Service available to You on a trial basis free of charge until the earlier of:
Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
By signing up for the LearnWhy service you agree to pay LearnWhy the specified monthly or annual fees in exchange for use of the service (the “Purchased Service”) for the period indicated.
Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. LearnWhy reserves the right to change the payment terms and fees upon seven (7) days prior written notice to you. Access can be canceled by you at anytime on written notice to LearnWhy.
Applicable fees will be clearly displayed to you on the payment page and/or clearly communicated via email.
Unless you notify LearnWhy before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Automatic Plan Selection means you allow LearnWhy to move you to a subscription plan (and associated fee) that is appropriate to your usage of the Service in the previous month.
Automatic Plan Selection is optional.
If you decide not to use Automated Plan Selection and LearnWhy analyzes more customer insights than that of your plan you must top up your account.
If the top up payment is not received within 3 days your service will paused until the start of your next billing period.
The Service can be canceled at any time by contacting LearnWhy via the Website or email.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
We shall not disclose Your Data except as compelled by law in accordance or as expressly permitted in writing by You.
You shall not:
Services may be subject to other limitations, such as, for example, limits on the number of customer insights analyzed and reported on in any given period or the timeliness of such responses. Any such limitations are specified in your Account (on the Website) or clearly communicated to you via email.
The Service may include certain communications from LearnWhy, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. You have the option of opting out from receiving optional communications such as newsletters. However, you will not be able to opt-out from receiving service announcements and administrative messages.
In operating the Website and the Service, LearnWhy may receive and pass along to you content (“the material”) that contains links to third party web sites, is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The material may also contain computer software, including viruses and other harmful material.
You (and your users) are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content,
The Website and Service may also handle material that violates the privacy or publicity rights, or infringes the copyright, trademark and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
LearnWhy disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the Service.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account may be deleted. We will provide you prior notice of such termination in advance by email.
This Agreement does not transfer from LearnWhy to you any LearnWhy or third party copyright or trademark rights, and all rights, title and interest in and to such property will remain (as between the parties) solely with LearnWhy., LearnWhy, the LearnWhy logo, and all other trademarks, service marks, graphics and logos used in connection with LearnWhy or the Website are trademarks or registered trademarks of LearnWhy or LearnWhy’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LearnWhy or third-party trademarks.
LearnWhy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
LearnWhy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
LearnWhy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your LearnWhy account, you must cancel the service by emailing LearnWhy.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website and Service are provided “as is”. LearnWhy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither LearnWhy nor its suppliers and licensors makes any warranty that the Website will be error free or that access there to will be continuous or uninterrupted.
You understand that you obtain services through the Website at your own discretion and risk.
In no event will LearnWhy, 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:
You agree to indemnify and hold harmless LearnWhy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between LearnWhy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LearnWhy,or by the posting by LearnWhy 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 Pennsylvania , 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 Chester County, Pennsylvania.
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 Berwyn, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall been titled to costs and attorneys’ fees.
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; LearnWhy 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.
2020-08-01 Version 1, initial version.