USER TERMS OF SERVICE

Welcome to LearningFolder.com. LearningFolder and its Members and affiliates provide their services to you subject to the following conditions.

Please read them carefully. In addition, when you use any current or future LearningFolder product/service or visit or purchase from any business affiliated with LearningFolder and it's member's websites, whether or not included in the LearningFolder.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.  These Terms of Service shall hereinafter apply to any and all issues pertaining to LearningFolder sites. 

AGREEMENT 
This User Agreement ("Agreement") is entered into by and between the individual registering for the service ("User") and LearningFolder.com ("LearningFolder", "Company", "we," or "us") regarding User's use of the LearningFolder services and software (collectively the "Service").  This Agreement sets forth the terms and conditions under which LearningFolder makes its service available to User.  By affirming the statement that reads "I have read and agree to the LearningFolder Terms of Service which govern how I may use the service.  I also agree that I understand and accept the LearningFolder Privacy Policy." on the registration form, User is entering into this Agreement with LearningFolder, and indicating that User agrees to be bound by these terms and conditions. 

User Agrees that  the User shall take all responsibility and liability for the content of the information and products that they post via the LearningFolder service for distribution to LearningFolder’s Users and/or partners.

LearningFolder reserves the right, at its sole discretion, to remove any User information, content or products from its web site, pull any product offering from distribution or deny approval to any product offer.

User agrees not to misuse content or use content from the site in a manner that violates the copyright of others.


WARRANTY; DISCLAIMER

User represents and warrants to LearningFolder that User shall comply with all applicable laws, statutes, ordinances and regulations regarding User's use of the Services and that the User has the right to grant permission to LearningFolder.com for sales of all products that the User lists on the LearningFolder site. 

User is responsible for compliance with any rules or policies governing the use of copyrighted or trademarked materials and agrees not to upload or store any materials on a LearningFolder server that are subject to a copyright or trademark claim without the express written consent from the owner of such rights. 

User acknowledges that availability of the Service is subject to many factors outside of the control of LearningFolder, including the availability of connection services to and within the Internet and World Wide Web and to other network functions within and around the Internet, and to equipment that, by its nature, is not fault-tolerant.  As a result, LearningFolder cannot warrant that the Service will be secure or be continuously available. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LearningFolder AND ITS SUPPLIERS PROVIDE TO YOU THE SOFTWARE "AS IS" AND WITHOUT ANY GUARANTEED SOFTWARE SUPPORT; AND LearningFolder AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE COMPONENTS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION.  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THE SERVICES REMAINS WITH YOU.  LearningFolder DOES NOT WARRANT THAT THE USE OF ITS SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, SECURE, VIRUS FREE, ERROR FREE OR AVAILABLE AT ANY TIME OR THAT DATA PROVIDED BY User TO LearningFolder WILL NOT BE LOST OR CORRUPTED. 

 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
 
LearningFolder disclaims any personal liability, loss, or risk incurred as a result of the use of any information or advice contained herein, either directly or indirectly. Furthermore, LearningFolder does not guarantee that the holder of this in-formation will make profit from the information contained herein. All mention of promises to make money, either implied or not implied are strictly based on the LearningFolder’s opinion of the information contained herein. As with any business, it is up to the individual owner of said business to ensure the success of the business. You may make more or less than the program may or may not claim herein. It is strongly recommended that the purchaser contact any and all federal, state, and local agencies which may regulate, tax, or otherwise control the commencement of a business such as the one presented here. The LearningFolder does not intend to render legal, accounting, or other professional advice in the documents contained herein.

 
PAYMENT OF COMMISSIONS
 
The User agrees that commissions IF ANY are only payable through the PayPal Service and that LearningFolder is not responsible for any fees required by the User using thre PayPal service.  The User agrees that any User who can not use the PayPal service can not be compensated and that commissions are only payable for payments completed and received by LearningFolder less the cost of any refunds.
The User agrees that any commission percentages are subject to change at any time at the sole discretion of LearningFolder.
 
MODIFICATION OF AGREEMENT

LearningFolder may modify this Agreement by (a) posting the new terms and conditions in the same location as the previous terms and conditions were posted, and/or (b) informing User of the modification via a general notice which may be provided by any reasonable means, including without limitation by email to the email address provided by User in registering for the Service or by general posting on the LearningFolder web site located at www.LearningFolder.com, at least ten (10) calendar days before the new terms and conditions are to become effective.  If User continues to use the Service, then User will be considered to have accepted the modifications.  User agrees to check this web site for notices, and that User will be considered to have received a notice when LearningFolder has made it available to User by posting on the web site.  If any modification is unacceptable to User, then User's only recourse is to terminate this agreement and cease using the service. 

LIMITATION OF LIABILITY AND INDEMNITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LearningFolder OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY [INCLUDING OF GOOD FAITH OR OF REASONABLE CARE], NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF LearningFolder OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION 

User agrees to defend, indemnify, and hold harmless LearningFolder, its officers, directors, employees and agents, from and against any and all claims, actions, demands, losses, liabilities, costs and expenses, including without limitation, reasonable legal and accounting fees arising out of or relating to any claims, actions or demands brought by third parties resulting in whole or in part from User's use of the Service or User's violation of this Agreement. 

APPLICABLE LAW

By visiting LearningFolder, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and LearningFolder or its affiliates. 

DISPUTES

Any dispute relating in any way to your Usership at LearningFolder or to products you purchase or sell through LearningFolder shall be submitted to confidential arbitration in Richboro, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate LearningFolder's intellectual property rights, LearningFolder may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site.  These policies also govern your visit to LearningFolder.  We reserve the right to make changes to our site, policies, and these Terms of Service at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

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