Learning Spaces Terms of Use

Learning Spaces Terms of Use

Learning Spaces is a Remote Learner solution. Learning Spaces offers a subscription service that allows subscribers access to training and professional development materials including, but not limited to, training courses, webinars, technical documentation, and sandbox sites (the "Learning Spaces Content").  The Learning Spaces Content can be accessed at https://learningspaces.remote-learner.com via  the Internet using  internet-connected devices such as computers, tablets, and mobile phones ("Learning Spaces Ready Devices"). 

By accessing the Learning Spaces Content, you have accepted these Terms of Use, which govern your use of the Service. Personally identifying information is subject to the Learning Spaces Privacy Policy. Read the Learning Spaces Privacy Policy and this document in full to understand our practices. 

As used in these Terms of Use, "Learning Spaces Service", "our Service" or "the Service" means the service provided by Remote Learner to you for your consumption  of Learning Spaces content, including all features and functionalities, the website, user interfaces, as well as all content and software associated with the Service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 OF THIS AGREEMENT TO RESOLVE ANY DISPUTES WITH REMOTE LEARNER (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Subscription

1.1 You agree that your Learning Spaces subscription will continue and automatically renew until terminated as provided herein or as specified at the time you subscribe. To use the Learning Spaces Service you must have Internet access and a Learning Spaces-Ready Device and provide one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews in order to avoid paying  the subscription fees for the next billing cycle via your Payment Method (see "Cancellation" below).

1.2 Remote Learner may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties, in conjunction with the provision of its own products and services. Remote Learner is not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at the time of your sign-up or in other communications made available to you.

2. Free Trials

2.1. Your Learning Spaces subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new and certain former members to try the Service.

2.2. Free trial eligibility is determined by Remote Learner at its sole discretion and Remote Learner may limit eligibility or duration to prevent free trial abuse. Remote Learner reserves the right to revoke the free trial and put your account on hold in the event that Remote Learner determines that you are not eligible for the free trial. Remote Learner may use information such as device ID, method of payment or an account email address used with an existing or recent Learning Spaces subscription to determine eligibility.

2.3. Remote Learner will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of your free trial. To view the applicable subscription price and end date of your free trial, visit the Learning Spaces website and sign into Learning Spaces and select the "Manage Subscription" link at the top of the page.

3. Billing and Cancellation

3.1. Billing Cycle. The subscription fee for the Learning Spaces Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Manage Subscription" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the Service. In some cases your payment date may change: for example if your Payment Method was not valid or otherwise failed to properly post payment  or if your paid subscription began on a calendar day not contained in all given months. Remote Learner may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month in advance of service as soon as you register.

3.2. Payment Methods. To use the Learning Spaces Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Remote Learner may suspend your access to the Service until Remote Learner has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your Learning Spaces subscription at any time, and you will continue to have access to the Learning Spaces Service through the end of your billing period. To cancel, sign in to Learning Spaces and click on the "Manage Subscription" link to access the Transaction History page and select “Cancel” for your subscription. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Learning Spaces using your account with a third party as a Payment Method and wish to cancel your Learning Spaces subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Learning Spaces Service through that third party. You may also find billing information about your Learning Spaces subscription by visiting your account with the applicable third party.

3.4. Changes to the Price and Subscription Plans. Remote Learner reserves the right to change its subscription plans or adjust pricing for the Service or any components thereof in any manner and at any time as Remote Learner may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for any used periods. Following any cancellation, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, Remote Learner may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at Remote Learner’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Remote Learner to provide credits in the future, under any circumstance.

4. Learning Spaces Service

4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to subscribe to Learning Spaces. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

4.2. The Learning Spaces Service and any content accessed through the Service are for your personal and non-commercial use only and may not be shared. During your Learning Spaces subscription, Remote Learner grants you a limited, non-exclusive, non-transferable right to access the Learning Spaces Service and access Learning Spaces content through the Service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.

4.3. The Learning Spaces Service is regularly updated. In addition, Remote Learner continually tests various aspects of the Service, including but not limited to the Learning Spaces website, user interfaces, promotional features and availability of Learning Spaces content.

4.4. You agree to use the Learning Spaces Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Learning Spaces Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Learning Spaces Service; use any robot, spider, scraper or other automated means to access the Learning Spaces Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Learning Spaces Service; insert any code or product or manipulate the content of the Learning Spaces Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Learning Spaces Service, including any software viruses or any other computer code, files or programs. Remote Learner may terminate or restrict your use of the Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.

4.5. The quality of the display of the Learning Spaces content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Remote Learner makes no representations or warranties about the quality of your experience on your display. The time it takes to begin consuming Learning Spaces content will vary based on a number of factors, including your location, available bandwidth at the time, the Learning Spaces content you have selected and the configuration of your Learning Spaces Ready Device.

4.6. Learning Spaces software may solely be used for authorized consumption of content from Learning Spaces through Learning Spaces Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. By using the Service, you agree to receive, without further notice or prompting, updated versions of the Learning Spaces and related third-party software. If you do not accept the foregoing terms, do not use the Service.

4.7. By using the Learning Spaces Service, you agree to look solely to the entity that manufactured and/or sold you the Learning Spaces Ready Device for any issues related to the device and its compatibility with the Learning Spaces Service. Remote Learner does not take responsibility or otherwise warrant the performance of Learning Spaces Ready Devices, including the continued compatibility with the Service. If your Learning Spaces Ready Device is sold, lost or stolen, please deactivate the Learning Spaces Ready Device. If you fail to log out or deactivate your device, subsequent users may access the Learning Spaces Service through your account and may be able to access certain aspects of your account information. To deactivate a device, follow instructions on the "Account" page of the Learning Spaces website.

5. Passwords and Account Access. 
The individual who created the Learning Spaces account and whose Payment Method is charged (the "Account Owner") has access to and control over the Learning Spaces account and the Learning Spaces Ready Devices that are used to access the Service and is responsible for any activity that occurs through the Learning Spaces account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Learning Spaces Ready Devices that are used to access the Service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide relating to your account. Remote Learner can terminate your account or place your account on hold in order to protect you, Learning Spaces, or our partners from identity theft or other fraudulent activity. Remote Learner is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Remote Learner or by the automated processes of Remote Learner.

6. Disclaimers of Warranties and Limitations on Liability

6.1. THE LEARNING SPACES SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LEARNING SPACES SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. REMOTE LEARNER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LEARNING SPACES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. REMOTE LEARNER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, LEARNING SPACES READY DEVICES, AND LEARNING SPACES SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL REMOTE LEARNER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. Arbitration Agreement

7.1. If you are a Learning Spaces subscriber in the United States (including its possessions and territories), you and Remote Learner agree that any dispute, claim or controversy arising out of or relating in any way to the Learning Spaces Service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Remote Learner are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Learning Spaces subscription.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Remote Learner, by certified mail, a written Notice of your claim ("Notice"). The Notice to Remote Learner must be addressed to: General Counsel, Remote Learner US, Inc., 1550 Larimer Street, Suite 785, Denver, CO 80202 ("Notice Address"). If Remote Learner initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by Remote Learner, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Remote Learner and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Remote Learner may commence an arbitration proceeding or file a claim in small claims court.

7.3. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Remote Learner and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.4. If your claim is for US $1,000 or less, Remote Learner agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.

7.5. YOU AND REMOTE LEARNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Remote Learner agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

8. Miscellaneous

8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2. Unsolicited Materials. Remote Learner does not accept unsolicited materials or ideas for Learning Spaces content, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to Learning Spaces. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Learning Spaces and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

8.3. Feedback. Remote Learner is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to Learning Spaces, including the Learning Spaces website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Learning Spaces Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

8.4. Customer Support. To find more information about the Service and its features, or if you need assistance with your account, please contact Remote Learner Support. In the event of any conflict between information provided by Remote Learner Support and these Terms of Use or other portions of our website, these Terms of Use will control.

8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.6. Changes to Terms of Use and Assignment. Learning Spaces may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. Remote Learner may assign its agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of its business or assets related to the applicable Learning Spaces Service.

8.7. Communication Preferences. Remote Learner will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that Remote Learner send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last modified: Monday, July 27, 2020, 3:11 PM