Lev Learning Terms and Conditions
Welcome to Lev Learning, LLC (“Lev Learning”), an online learning platform (the “Site”) dedicated to engaging individual Jews, Jewish communities and others in the great questions and challenges of Jewish living and learning. The courses touch the hearts of all people seeking lives of purpose and substance based on Jewish values.
PLEASE CAREFULLY REVIEW THE FOLLOWING BASIC RULES (Terms and Conditions (“Terms”)) that govern your use of the Site and enrollment in Lev Learning courses. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LEV LEARNING.
YOUR USE OF THE COURSE MATERIALS AND PARTICIPATION IN CLASS DISCUSSIONS ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS . If you disagree with any part of these Terms, please do not enroll in a Lev Learning course. Please check the box labeled “Register” on the Registration page to indicate Your acceptance of these Terms and, if You are under 18 years old, have your parent or guardian register on your behalf. (“Student,” “You,” and “Your” mean the individual enrolling in the Class.)
“Course” refers to a specific lesson plan and format; “Class” means a specific instantiation of an online Course that may be repeated at different times and in different online formats; and, “Session” means a single part of a “Class” (e.g., one Session of a four-part Class.)
1.0. Your Use of Lev Learning’s Website.
1.1. Intellectual Property . Lev Learning respects the intellectual property of others and asks that users of our Site do the same. Lev Learning is either the owner or licensee of all intellectual property in the Site and “Course Materials” including, without limitation, coursework, lesson plans, syllabi, lectures, Power Point™ slides, bibliographies, reading lists, video and audio recordings of the live class, PDFs, text, code, images, digital, HTML files, illustrations, photographs and graphics which are protected by copyright, trademark and/or other proprietary intellectual property rights (collectively “IP” or “Course Materials”) under United States and foreign laws.
1.2. Permission to Use Lev Learning Intellectual Property or Course Materials for Educational Purposes, Only . In consideration of the course tuition fee, Lev Learning grants You a non-transferable, non-exclusive, revocable, non-commercial limited license to use IP and Course Materials and to access the Site for personal and educational purposes, only. Except for this limited license, no right, title or interest in Lev Learning IP and Course Materials will be transferred to You.
You agree not to copy, reproduce, republish, upload, transmit, transfer, post, distribute or resell any of the contents of this Site. You may download Course Materials from the Site only for the uses permitted under these Terms.
Without Lev Learning’s written consent, you may not assign or sub-contract any of your rights or obligations under these Terms (e.g., do not share your password with any third party).
1.3. Liability for Infringement. Your use of Lev Learning’s Course Materials in violation of these Terms constitutes an infringement and will be resolved through mediation and/or arbitration.
1.4. Copyright and Trademark Information. Copyright © 2016 Lev Learning, LLC. All rights reserved. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are Lev Learning’s property or the property of a third party[ies]. Accordingly, no reproduction of the Marks is permitted without the prior written consent of Lev Learning or third party[ies].
2.0. User Created Content and Guidelines. The Site includes a discussion section that is designed to promote dialogue and enhance learning. It is not a space for therapy, giving advice, or telling stories unrelated to the Class content. While we encourage open and free discussion, we also reserve the right to remove any discussion post that violates these Terms. (“Your Content” means any and all information and content that you submit to the Site.) PLEASE REVIEW THESE RULES AND GUIDELINES AS THEY GOVERN YOUR USE OF THE INTERACTIVE COMPONENT OF THE CLASSES.
2.1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
2.2. Rules of Conduct. Lev Learning will not censor students for expressing an opinion, within the limits of these Rules of Conduct. We will, however, take action against any behavior which disrupts conversations or violates the underlying precepts of this Site. Lev Learning has the right, but not the obligation, to remove any student-created content for any reason without notice. In the interest of promoting mutual respect, courtesy and Jewish values, Your Content must be consistent with the following Rules of Conduct.
2.2.1. Engage in Positive Conduct. By enrolling in a Class, you agree that you will:
- Be respectful and courteous when expressing opinions about ideas presented by others;
- Maintain the confidentiality of discussions;
- Promote authenticity and truth by using only one username and email address;
- Maintain a valid email address to Lev Learning;
- Use proper attribution or citation when quoting or referring to third party sources;
- Comply with laws and regulations;
- Write brief discussion content that is related to the subject matter of the Class Session;
- Respect diversity;
- Respect the right of each person to disagree with others;
- Be constructive in your responses;
- Respect your privacy and the privacy of others by not revealing information you consider private or confidential.
2.2.2. Refrain from Negative Conduct. By enrolling in a Course, you agree that you will refrain from:
- Making negative personal or derogatory remarks;
- Engaging in hate speech;
- Attempting to convert anyone to your religious or spiritual beliefs;
- Engaging in behavior which interferes with discussions (e.g., posting excessive discussions, writing comments unrelated to course subject matter; making inflammatory comments, etc.);
- Violating any law or regulation;
- Soliciting on behalf of commercial, religious, charitable or other organizations or causes without Lev Learning’s written consent;
- Infringing upon anyone's copyright, trademark or other proprietary rights or rights of privacy;
- Impersonating another person or falsely using another’s email address;
- Intentionally misleading anyone;
- Defaming, threatening or harassing anyone;
- Uploading any computer virus or other malicious code or interfering with the operation of the Site;
- Posting obscene or graphic words or images.
2.4. Permission to Use Your Content (Grant of License). By contributing to online dialogue and posting Your Content, You grant Lev Learning a perpetual, worldwide, non-exclusive, royalty-free revocable license to use Your Content in the resale of the Class.
3.0. Modification. Lev Learning reserves the right to change these Terms from time to time without advance notice. You will be deemed to have accepted these changes by continuing to use the Site. The most current version of the Terms will supersede all previous versions and can be reviewed by visiting Lev Learning’s Site and clicking on “Terms and Conditions.”
4.0. Cancellation Rights and Refund Policy. You may withdraw from a Class at any time by notifying Lev Learning at firstname.lastname@example.org . The cancellation policy for each Class is posted on the Course Description page.
5.0. The Lev Learning Course Is Not Intended to Substitute as Professional Psychotherapeutic Counseling. The information, contained on this Site and in the Course Materials, is for educational purposes, only. Opinions expressed and spiritual teachings conveyed are not intended to substitute for professional crisis counseling or licensed psychotherapy. To the fullest extent permitted by law, neither Lev Learning nor its members, employees, agents or independent instructors will be liable to you for any loss or damage caused by your reliance on information, opinions or spiritual teachings conveyed on the Site.
6.0. DISCLAIMERS OF WARRANTIES. THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEV LEARNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR EQUITY. LEV LEARNING DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, SECURITY INTRUSION OR OTHER HARMFUL COMPONENTS OR FOR THE INCOMPATABILITY BETWEEN THIS SITE AND FILES AND THE STUDENT’S BROWSER OR OTHER SITE ACCESSING PROGRAM. LEV LEARNING DISCLAIMS ANY LIABILITY WITH RESPECT THERETO.
7.0. DISCLAIMER FOR HYPERTEXT LINKS. LEV LEARNING IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE MATERIALS REFERENCED. YOU SPECIFICALLY ACKNOWLEDGE THAT LEV LEARNING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR STUDENTS, LINKS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU.
LINKS FROM THIS SITE TO OTHER INTERNET SITES DO NOT CONSTITUTE AN ENDORSEMENT BY LEV LEARNING. THESE LINKS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ARE RESPONSIBLE FOR EVALUATING THE CONTENT AND USEFULNESS OF MATERIALS OR INFORMATION OBTAINED FROM OTHER SITES.
8.0. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LEV LEARNING’S AGGREGATE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE COURSE MATERIALS OR THE SITE EXCEED THE PURCHASE PRICE OF THE COURSE PURCHASED BY YOU.
9.0. Indemnity. If Lev Learning is ever sued as a direct result of Your use of and conduct on the Site, you agree to defend, indemnify and hold Lev Learning, including its Member, employees and agents, harmless, including costs and attorney fees, from any claim or demand made by any third party arising out of (a) Your use of and conduct on the Site, (b) Your violation of these Terms, (c) Your violation of applicable laws or regulations or (d) Your Content. Lev Learning reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Lev Learning, and You agree to cooperate with our defense of these claims. You further agree not to settle any matter without Lev Learning’s prior written consent. Lev Learning will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it. This defense and indemnification obligation will survive these Terms and Your use of the Site.
10.0. Disputes with Lev Learning.
10.1. Governing Law . These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles.
10.2. Jurisdiction and Venue . The Parties consent to exclusive jurisdiction in the federal and state courts sitting in Los Angeles, California.
10.3. Survival. All obligations of the Parties contained in these Terms will survive.
10.4. Mediation/Arbitration. If a dispute arises under or relating to these Terms, the Parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The Parties will share the costs of the mediator equally. Each Party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be settled by binding arbitration by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Reasonable attorney fees and costs will be awarded to the prevailing party.
11.0. Entire Agreement. These Terms constitute the entire agreement between Lev Learning and You and supersedes all previous oral or written discussions, understandings, representations, covenants and agreements, if any.
12.0. Binding Effect. These Terms benefit and bind the Parties and their respective heirs, successors and assigns.
13.0. Severability. If any part of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
14.0. Headings . The numbering and captions of each paragraph are solely for convenience and reference only and will not affect the scope, meaning, intent or interpretation of the provisions of these Terms nor will such headings otherwise be given any legal effect.
16.0. Contact Information. Michael Comins in care of Lev Learning, LLC, email@example.com.