Let’s talk shop:
Welcome to LBP Online Learning, we are thrilled you have chosen to visit us here at lbponlinelearning.com. By using our site, you agree to our terms (“Terms”). We might change our Terms every once in a while and we will post the updates here, however, it is your responsibility to stay in the know.
1. Changes to Terms. As we stated above, we may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
2. Your Use of the Service.
b. Eligibility and Registration. You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. The Service may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (each, an “Authentication Service”). By registering for or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including your user name, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
c. Account Security. You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. We will not ask you for your password. If you need a new user name or password, we will generate a user name and password automatically and send it to the email listed on your account. You must notify us immediately at [email protected] if you believe that your account has been compromised.
d. General Practices Regarding Use and Storage; Modification to the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. We reserve the right to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.
e. Mobile Service. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
3. Fees and Refunds
a. Viewing or Purchasing Courses. To purchase a copy of or view one of our Courses, you must pay a fee at the price listed on the Service for that Course. Different Courses may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Course.
b. Fee Changes. Fees for use of the Service, including fees for viewing or purchasing Courses (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.
c. Refunds. We thank you for making this investment into your business. If you are not satisfied with the purchased course, please contact us at (305) 600-1305. In order for us to better serve you and improve the offered courses, we request that you answer a short survey as to why you were unsatisfied with the course. Upon completion of the survey, your request for a refund will be processed.
In the event the website is unable to accommodate your learning due to technical issues, please notify us within 30 days of purchase of the technical issue. We may, in our sole discretion, choose to replace the defective media (if possible) or refund the applicable fee, in whole or in part. If you abuse this refund policy, as determined by LBP Online Learning in our sole discretion, you may no longer be able to get a refund and/or access your account.
d. General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to us.
a. To You. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses purchased by you. Your purchase of any Course entitles you only to view that Course in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
Let’s talk shop:
Hey let’s play nice. If you buy a course, only you can view it. We worked really hard to create these materials, so I am sure you can understand it is our position that any reproduction of these materials and courses, whether shared or reproduced on paper or electronically constitutes an infringement of the copyright and other proprietary rights. So, unless you are just looking for a reason to take a very expensive and litigious trip to Florida, keep it to yourself.
5. Prohibited Conduct. You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, "frame," "mirror," "in-line link" to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.
Let’s talk shop:
Don’t share your login information, it’s just not cool and will cause a headache for all parties involved.
6. Our Proprietary Rights. All content included in the Service and originating with us, including website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof.
7. “LBP Online Learning” and all related logos, graphics and icons are service marks or trademarks of The Learning Well, LLC. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
Let’s talk IP:
Don’t steal or improperly use content that belongs to us or our users. We respect IP rights and you should, too.
8. Third Party Content; Applications, Hyperlinks. We have no ownership or control over such third-party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third-party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements. Third party links may take you off of our website, and in that case, you have to fend for yourself.
9. Procedure for Making Claims of Copyright Infringement. We try not to make mistakes, but in the event, you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice including the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. identification of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our counsel who handles the notice of claims of copyright or other intellectual property infringement can be reached as follows:
Luxury Brand Partners, LLC
c/o Mallory Myers
3800 NE 1st Ave, 6th Floor
Miami, FL 33137
By email at: [email protected]
Let’s talk IP:
If you feel something infringes on your IP rights, drop us a line with the information listed here and we will make sure to investigate the matter. The last thing we would want to do is to fail to give credit where it is due!
10. User-Generated Feedback. We value hearing from our users, and are always interested in learning about ways we can make LBP Online Learning better than ever. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to “moral rights.”
11. Reservation of Rights. We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
13. Disclaimer; Limitation of Liability.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LEARNING WELL, LLC DBA LBP ONLINE LEARNING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE LEARNING WELL, LLC DBA LBP ONLINE LEARNING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
Limitation of Liability
THE LEARNING WELL, LLC DBA LBP ONLINE LEARNING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations.
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY OR BE ENFORCEABLE WITH RESPECT TO YOU.
14. DISPUTE RESOLUTION BY BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
a. Pre-Arbitration Dispute Resolution.
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to
Luxury Brand Partners, LLC
c/o Mallory Myers
3800 NE 1st Ave, 6th Floor
Miami, FL 33137
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
Let’s talk shop:
We’re not responsible for your use of the site. If you think we are, then let’s work it out within one year arbitration style under Florida State law. Think of it has a very expensive and not very fun trip to the sunshine state.
15. General. These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. The parties consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within Miami-Dade, Florida. These Terms and any other policies referenced herein constitute the complete agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any additional terms in any written or oral communication from you to us are void. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. We may assign these Terms, including any rights and licenses granted to us hereunder. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The parties are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision herein, all of which will remain in full force and effect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”