PHLEARN Terms and Conditions of Use
Last Updated: May 24th, 2018 | PHLEARN, LLC (An Illinois Limited Liability Company)
Welcome to PHLEARN! Use of our website, phlearn.com, and our tutorials (collectively, the “Services”) is governed by these Terms and Conditions of Use (“Terms”) and Privacy Policy (“Legal Notices”). By accessing or using our Services, whether registered or not, you expressly agree to these Legal Notices. If you disagree with any part, you do not have permission to access the Services.
1. Account Registration & Eligibility
When you create an account with us, you guarantee that you are 18 years of age or older and that the information you provide is accurate, complete, and current at all times:
- Eligibility: Accounts must be registered by a human 18 years of age or older. Accounts registered by automated methods (bots) are not permitted and will be terminated. Minors under 18 may not register.
- Account Integrity: Accounts require a valid non-temporary email address. Only one account per person is allowed. Username choices must not infringe on third-party trademarks or contain vulgar/offensive language.
- Password Security: You are responsible for maintaining the confidentiality of your account credentials. PHLEARN will not be liable for any loss or damage from your failure to secure your account.
2. License Grant & Content Ownership
We grant you a non-exclusive, non-transferable, limited, and revocable license to access and use our Services and Content for personal, non-commercial use only.
Usage Restrictions
No part of our Services, PRO Products, practice images, or instructional videos may be reproduced, resold, redistributed, or transmitted in any form, electronic or mechanical, for any other purpose.
3. User Generated Content & Promotions
You retain ownership of any Content you submit, post, or display on or through the Service. By posting Content, you grant PHLEARN a non-exclusive, royalty-free, irrevocable, transferable, worldwide license to use, modify, publicly display, reproduce, and distribute such Content across our platform.
You represent and warrant that your User Content does not violate any copyright, trademark, privacy, or publicity rights of any third party. PHLEARN reserves the right to edit or remove User Content at our sole discretion.
4. PHLEARN PRO Subscriptions & Billing
Some parts of the Service are billed on a subscription basis (“Subscription(s)”) billed in advance on a recurring periodic cycle (monthly or annual):
- Automatic Renewal: Subscriptions automatically renew at the end of each Billing Cycle unless canceled via your online account dashboard or by contacting Customer Support.
- Free Trials: If offered, Free Trials require valid billing info. Unless canceled prior to the trial expiration, you will be automatically charged the applicable Subscription fee on the final day.
- Fee Changes: PHLEARN reserves the right to modify Subscription fees at any time upon reasonable prior notice before changes take effect on your next Billing Cycle.
- Refund Policy: Except when required by law, paid Subscription fees and individual PRO product purchases are non-refundable.
5. Copyright Protection & DMCA Agent
PHLEARN complies with the federal Digital Millennium Copyright Act (“DMCA”). Written notices of alleged copyright infringement must include physical/electronic signature, identification of the work, location on site, contact info, and a statement made under penalty of perjury.
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Email: info@phlearn.com
6. Prohibited Conduct
You are prohibited from using PHLEARN to distribute viruses, malware, or harmful computer code, circumvent site security features, impersonate others, or transmit unlawful, harassing, defamatory, obscene, or hateful material.
7. Warranty Disclaimers & Limitation of Liability
Our Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied. You assume all risk related to the use of our Services.
Limitation of Liability: IN NO EVENT SHALL PHLEARN, LLC, ITS MEMBERS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR SERVICES. PHLEARN’S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL COMPENSATION YOU PAID TO PHLEARN.
8. Governing Law & Binding Arbitration
These Legal Notices shall be governed and interpreted by the laws of the State of Illinois. Any dispute, claim, or controversy arising out of this Agreement shall be determined by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Chicago, Illinois.
By using our Services, you also agree to be bound by the YouTube Terms of Service.
9. Questions & Legal Inquiries
If you have any questions regarding these Legal Notices, please email our support team at info@phlearn.com.