Terms of Service

This Terms of Service (the “Terms”) governs the relationship between Learning Room Technologies LLC (referred to in these Terms as “Us,” “We,” “Our,” or “LRT”) and those who use or interact with the Learning Room website hosted at www.learningroom.com, inclusive of the products and services offered by Us through the Learning Room website (collectively referred to in these Terms as the “Learning Room”). These Terms include Our disclosures regarding Our collection and use of information obtained from the Learning Room (the “Privacy Policy”). The Privacy Policy is stated in full below and is also posted separately on the Learning Room website for ease and convenience of access.

Those who use, access, or interact with the Learning Room (referred to in these Terms as “Users”) should review these Terms carefully, as these Terms constitute a binding agreement under which Users may use, access, or interact with the Learning Room. Users should direct any questions or concerns regarding these Terms to [email protected].

1. Acceptance and Modification of the Terms

To be a User and to use, access, or interact with the Learning Room, you (“referred to in these Terms as “You” or “Your”) You must read and agree to these Terms and any future amendments to these Terms. If any inconsistencies exist between Our other various policies or practices and these Terms, these Terms shall control. By becoming a User, You hereby acknowledge and agree that you have read and agreed to the terms, conditions, obligations, and duties contained in these Terms.

We may, at Our sole discretion, modify or revise these Terms at any time, and by continuing to be a User of the Learning Room after such a modification or revision, You agree to be bound by such modification or revision, which shall become a part of the Terms. Upon making a modification or revision to these Terms, We agree to promptly post the modified or revised version on the Learning Room website.

If You do not accept and abide by the Terms, You may not be a User of the Learning Room. You hereby acknowledge that the Terms are subject to change by Us at any time, effective upon notice to You, and that such notice to You shall be deemed to have been provided upon Our posting of the modified version of these Terms on the Learning Room website.

2. Consideration

You understand and agree that You and LRT have received adequate and reasonable consideration, inclusive of the mutual promises contained in these Terms, to enter into the agreement set forth by these Terms.


3. Users, User Levels, and Fees
3.1. Registration and Login Credentials

To become a User of the Learning Room, You must register as a User through the Learning Room website. Using, accessing, or interacting with the Learning Room without registering as a User through the Learning Room is strictly prohibited except insofar as We may, from time to time, allow certain Users publish content through the Learning Room on webpages publicly accessible without registration. Upon registering as a User, You will obtain specific login credentials to access the Learning Room. In registering as a User, You hereby agree:

  • Not to provide any false or misleading information to Us
  • Not to register for any person besides You, without permission
  • Not to create more than one User account
  • Not to attempt to register as a User if We disable your User account, except with Our prior permission
  • Not to register if, at the time of registration, You are at least 13 years old but less than 18 years old, unless You have reviewed these Terms (inclusive of the Privacy Policy) with Your parent or legal guardian and obtained Your parent’s or legal guardian’s express consent for You to register as a User
  • Not to use, access, or interact with the Learning Room if You are under the age of 13, unless Your public school, public school district, or eligible private school has registered Your User account on Your behalf after obtaining the express consent of Your parent or legal guardian for You to be a User, to use, access, and interact with the Learning Room, and to disclose Your personal information through the Learning Room
  • Not to use, access, or interact with the Learning Room if you are a convicted sex offender
  • Not to share your User account or access credentials with any other person, unless You are under the age of 18 and You are only sharing your login credentials with Your parent or legal guardian
  • Not to do anything that might reasonably jeopardize the security of Your User account and
  • Not to transfer Your User account or access credentials to any other person without Our prior permission

You further agree to keep your User information up-to-date and accurate.


3.2. User Levels

The Learning Room is designed to offer multiple levels of use, access, and interaction rights to Users depending on specific eligibility criteria. Each different level of use, access, and interaction rights shall be referred to as a “User Level” in these Terms. At this time, the Learning Room offers two User Levels: A) Student and B) Teacher.

  • User Level: Student. The Student User Level is the basic User Level for Users of the Learning Room. The Student User Level includes the rights to access the content of courses of learning offered through the Learning Room, to upload certain types of content to selected pages of the Learning Room, and to interact with such content and with other Users. A more detailed description of the specific services, rights, and aspects of the Learning Room experience for the Student User Level can be found on the Learning Room website upon registration and login.
  • User Level: Teacher. The Teacher User Level includes all aspects of the Learning Room provided to the Student User Level as well as certain additional rights. For example, the Teacher User Level also includes the rights to create and present content organized as courses of learning. A more detailed description of the specific services, rights, and aspects of the Learning Room experience for the Teacher User Level can be found on the Learning Room website upon registration and login.
  • At the time of registration, a User is assigned to the Student User Level by default. Eligibility criteria and instructions to attain the Teacher User Level as well as any additional User Levels that We may create can be found on the Learning Room website upon registration and login.

3.3. Fees and Payment

At this time, We do not charge any fees to Users. We expressly reserve the right to charge fees for one or more User Levels in the future.


4. Requirements for Users

The following requirements shall apply to Your use of the Learning Room as a User.


4.1. User Submission

Any content or communications posted, uploaded, shared, stored, or transmitted by You (whether or not in compliance with Your obligations contained in these Terms) through the Learning Room is you “User Submission.”


4.2. Proper Purpose

You represent, warrant, and agree that You may only be a User of the Learning Room for a Proper Purpose and that Your User Submissions may only be for a Proper Purpose. For the purposes of these Terms, a “Proper Purpose” shall be limited to education, teaching, or learning about subject-matter approved by Us for inclusion in the Learning Room. You specifically acknowledge, represent and warrant to Us that, without limitation, the following do not constitute a Proper Purpose:

  • Distributing or sharing information in violation of any applicable law, including the United States Copyright Act
  • Directing other persons, including both Users and non-Users, to take any action or commit any omission in violation of any applicable law, including the United States Copyright Act
  • Advertising or soliciting persons, including both Users and non-Users, to buy or sell any products or services
  • Transmitting chain letters or junk email to Us or other persons, including both Users and non-Users
  • Posting unauthorized commercial communications or spam on or through the Learning Room
  • Engaging in multi-level marketing, such as pyramid schemes, on or through the Learning Room
  • Collecting or attempting to collect the content or information of other Users without Our prior permission
  • Accessing the Learning Room using automated means, such as harvesting bots, robots, spiders, or scrapers), without Our prior permission
  • Harassing or impersonating any person or entity
  • Using any manual or automated device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Learning Room
  • Expressly stating or implying that any of Your communications or interactions within or about the Learning has been endorsed by Us, without Our specific prior written consent
  • Interfering with or disrupting the Learning Room or any of Our servers or networks connected to the Learning Room
  • Distributing or reproducing, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights
  • Using, removing, copying or distributing any of Our copyrights, trademarks or proprietary information
  • Disguising the origin of any information transmitted through the Learning Room, by falsely stating or implying that such information was not transmitted through the Learning Room
  • Disguising the origin of any information not transmitted through the Learning Room as having been transmitted through the Learning Room
  • Attempting, either individually or in conjunction with others, to reverse engineer, decipher, decompile or otherwise disassemble any portion of the Learning Room or any software used on or for the Learning Room
  • Uploading to Us, emailing Us or otherwise transmitting any material to Us that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware
  • Transmitting any information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • Trying to bully, intimidate, or harass any other User
  • Posting or transmitting content that constitutes hate speech, that threatens, that is pornographic, that incites violence, or that contains nudity or graphic or gratuitous violence
  • Attempting to physically locate one or more other Users
  • Posting or transmitting any person’s identification documents, personal identifying information or government-issued numbers, or financial information; and/or
  • Posting or transmitting any content that infringes or violates another person’s rights, including privacy rights

4.3. Proprietary Rights

You represent and warrant to Us that You have the full right, title, and/or license to Your User Submissions, including the right, title, and/or license to upload passwords, pictures, videos, recordings, images, and other User Submissions, whether originally in digital form or not. You specifically represent and warrant to Us that You will not use the Learning Room to copy or distribute information, digital files, or data in contravention of any applicable law, including, without limitation, the United States Copyright Act. You hereby acknowledge, represent, and warrant that We have the right to remove any of Your User Submissions that do not comply with these Terms, including, but not limited to, any actions We may take in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). For further information about how Your User Submissions might be affected by the DMCA and any rights You might have under Our DMCA compliance policy and procedure, visit and review Our DMCA Policy.

Except for that information which is in the public domain or for which You have been given express written permission, Your User Submissions will not contain any proprietary, private, or trade secret information belonging to any other person. By posting information, photographs, content, or other User Submission on or through the Learning Room, You automatically grant, and You represent and warrant that You have the right to grant, to Us, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to copy such User Submissions strictly for the purposes of maintaining backups and to distribute such User Submissions to other Users of the Learning Room or to Our employees or independent contractors.


4.4. Communications from Us

By registering as a User, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: system generated message notification emails and emails informing You of changes to the Learning Room. You also agree to accept and consent to receiving emails informing You of promotions (“Promotional Emails”) from LRT or from third parties. You may opt out of Promotional Emails by following the “unsubscribe” instructions contained within each Promotional Email. If You choose to respond to promotions provided by third parties, You hereby expressly represent and warrant that LRT takes no responsibility for any actions or omissions from such third parties and that You are responsible in all respects for Your decision to respond to a promotion from a third party. You hereby acknowledge that such third parties may have terms and conditions and privacy policies that differ substantially from the Terms and that it is Your responsibility to review all aspects of your interactions with such third parties.


5. LRT Intellectual Property

All intellectual property rights in and to the Learning Room are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same.

All other trademarks, logos, service marks, company or product names found in the Learning Room are the property of their respective owners.


6. Privacy Policy

All information You provide to Us will be stored and maintained according to Our Privacy Policy currently in effect. Our Privacy Policy is attached to these Terms as Exhibit A and is expressly incorporated by reference herein so that the provisions of the Privacy Policy are an integral part of the Terms.

For convenience and ease of access, the most current version of Our Privacy Policy will be posted separately on the Learning Room website.


7. Termination

The Terms shall remain in full force and effect while You are a User. You may terminate the agreement memorialized by the Terms at any time by canceling your registration as a User of the Learning Room through the account settings provided on the Learning Room website and by ceasing and desisting any subsequent attempts to use, access, or interact with the Learning Room.

We may terminate Your status as a User at any time and for any reason by sending notice to You at the email address You provided to Us when you registered as a User, or such other email address as You may later provide to Us through the account settings on the Learning Room website.


8. Additional Terms and Conditions

8.1. Release of LRT

In the event that You have a dispute with another User or with any other person arising from or related to Your use of, access to, or interaction with the Learning Room, You hereby release Us and Our principals, agents, employees, contractors, parents, subsidiaries, and affiliates from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.


8.2. Indemnification

You hereby agree that You will defend, indemnify, and hold Us and Our principals, agents, employees, contractors, parents, subsidiaries, and affiliates harmless, for any losses, costs, liabilities or expenses (including reasonable attorney’s fees and litigation costs) relating to or arising out of Your use of, access to, or interaction with the Learning Room, including, but not limited to:

  • Any breach by You of the Terms
  • Any allegation that any of Your User Submissions infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party
  • Any allegation that any of Your User Submissions violates any other rights of any third party
  • Any allegation that any of Your User Submissions violates any applicable laws or regulations
  • Any allegation that You have sought to circumvent or otherwise avoid compliance with any applicable law; and/or
  • Any investigation initiated by any government authority

You hereby acknowledge and agree that this indemnification obligation shall apply without regard to the negligence of any party, including any indemnified party.


8.3. No Warranties

You expressly acknowledge and agree that We provide and maintain the Learning Room on an “as is” basis and that We have not granted any warranties of any kind, express, implied, or statutory, with respect to the Learning Room. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, We do not warrant that Your use of, access to, or interaction with the Learning Room will be uninterrupted, always available or error-free, or that the Learning Room will meet Your requirements or that any defects in the Learning Room will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.


8.4. Content Provided by Users or Others

Opinions, advice, statements, offers, User Submissions of other Users, or other information or content made available on or through the Learning Room, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Learning Room, and We neither adopt nor endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, or User Submission made by any User or third party, other than Us. Under no circumstances are We responsible for any loss or damage resulting from any person’s reliance on information or other content posted on or transmitted through the Learning Room.

We reserve the right, but We have no obligation, to monitor User Submissions posted on or transmitted through the Learning Room by Users. We shall have the right to remove any User Submission that, in our sole discretion, violates, or is alleged to violate, the law or these Terms. Notwithstanding this right, You remain solely responsible for the content of the User Submissions You post or transmit through the Learning Room.

Although each User must agree to abide by these Terms, We cannot and do not guarantee that each User is at least the required minimum age or has supplied accurate and truthful information, nor do We accept responsibility or liability for any content, communication, or other use or access of the Learning Room in violation of these Terms. Also, it is possible that other Users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Learning Room and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to improperly obtain personal information about You. Those others may use Your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on or through the Learning Room. Please carefully select the type of information that You release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized persons appearing to be Users), whether such acts or omissions occur during the use of, access to, or interaction with the Learning Room or whether such acts or omissions by such other Users constitute breaches of these Terms.


8.5. Limitation of Liability

In no event will We be liable to You or to any other person for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Learning Room, even if We or our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in the Terms, our liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Us to be a User.

Further, You expressly acknowledge, agree, and accept that We do not conduct background checks or otherwise screen Users in any way. You expressly acknowledge, agree, and accept that We will not be liable for any damages, direct, indirect, incidental and/or consequential, including by not limited to physical damages, bodily injury or emotional distress, arising out of Your use of, access to, or interaction with the Learning Room, including, without limitation, damages arising out of Your communications with and/or interactions with any other User.


8.6. Dispute Resolution and Arbitration

The Terms are governed by the laws of the State of Texas without regard to its conflict of law provisions. Any dispute arising out of the Terms or Your use of, access to, or interaction with the Learning Room shall be adjudicated by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Houston, Texas. In the event a court action is initiated in connection with the Terms or Your use of, access to, or interaction with the Learning Room, You agree to personal jurisdiction and exclusive venue in the state and federal courts sitting in Harris County, Texas. The preceding sentence shall not be construed in any way as to limit the requirement that a dispute arising out of the Terms or Your use of, access to, or interaction with the Learning Room be adjudicated by binding arbitration as set forth in this subparagraph.


8.7. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the Terms. In such case, the other provisions of the Terms shall remain in full force and effect.


8.8. Reservation of Rights to Use Information

We reserve the right to access, read, preserve, and disclose any information We reasonably believe is necessary to: (a) satisfy any applicable law, legal process, or government request; (b) enforce the Terms, including investigation of potential violations of the Terms; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to customer support requests; (e) respond to claims that any content violates the rights of third parties; (f) establish or exercise Our legal rights or defend against legal and/or equitable claims, or (g) protect the rights, property, or safety of LRT, the Users, and the general public.


8.9. Technical Changes in Content

You understand and agree that in the technical processing and transmission of User Submissions or other content by or through the Learning Room, that such User Submissions or other content may be transmitted over various networks and that these networks may modify, edit, or otherwise change content to conform and adapt to technical requirements of these networks’ software, hardware, and other equipment.


8.10. Interstate Commerce

You understand and agree that by using, accessing, or interacting with the Learning Room, You will be causing communications to be sent over Our network and other various networks. As a result, communications that seem intrastate in nature can result in transmission of interstate communications regardless of where You or the receiving party are located at the time of transmission. As such, You acknowledge and agree that the use of, access to, or interaction with the Learning Room results in interstate communications.


8.11. United States Export Controls

User Submissions, software, and other content transmitted on or through the Learning Room may also be subject to United States export controls. As such, no User Submissions, software, or other content may be downloaded from the Learning Room and then exported or re-exported (i) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.


8.12. Miscellaneous

You hereby acknowledge and agree that there shall be no third party rights or third party beneficiaries created or conferred under the Terms.

The agreement memorialized by the Terms constitutes the complete and exclusive statement of agreement between You and Us with respect to the Learning Room and other subject matter herein and replaces and supersedes all prior written and oral agreements, including prior versions of the Terms.

We may assign the agreement memorialized by the Terms, in whole or in part, at any time with or without notice to You. You understand and agree that You may not assign the agreement memorialized by the Terms, or any part or it, to any other person or entity. Any attempt by You to do so is void and unenforceable.

All headings herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of the Terms.

We reserve all rights not expressly granted to You.

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