1 INTRODUCTION
1.1 CONTRACT
You agree that by clicking “Become a Member”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Youth Laboratory (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Become a Member” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
SERVICES
This Contract applies to youthlabaoratory.com, courses.youthlaboratory.com and otherYouth Laboratory related sites, communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
YOUTH LABORATORY
You are entering into this Contract with Youth Laboratory (also referred to as “we” and “us”). You are entering into this Contract with Youth Laboratory LLC and will be the controller of your personal data provided to, or collected by or for or processed in connection with our Services.
1.2 MEMBERS AND VISITORS
When you register and join Youth Laboratory, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
1.3 CHANGE
We may modify this Contract, our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2 OBLIGATIONS
2.1 SERVICE ELIGIBILITY
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the minimum age of 13 and requires someone at least 18 years of age for registration.
To use the Services, you agree that:
You must be the “Minimum Age” (described above) or older;
You will only have one Youth Laboratory account, which must be in your real name; and
You are not already restricted by Youth Laboratory from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13.
“Minimum Age” means 13 years old.
2.2 YOUR ACCOUNT
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to:
Try to choose a strong and secure password;
Keep your password secure and confidential;
Not transfer any part of your account (e.g., connections) and
You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others, your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.3 PAYMENT
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. To avoid future charges, cancel before the renewal date. Contact us to learn how to cancel or suspend your membership. ([email protected])
Payments for membership are considered non-refundable, including fees and other charges. Please see additional details below. However, under the laws applicable in your jurisdiction, you may qualify for a refund pending further inspection.
You can get a copy of your invoice through your Youth Laboratory account settings under “Purchase History”.
2.4 NOTICES AND MESSAGES
You agree that we will provide notices and messages to you in the following ways:
Within the Service, or
Sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
3. RIGHTS AND LIMITS
3.1 LIMITS
We have the right to limit how you connect and interact on our Services. Youth Laboratory reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Youth Laboratory reserves the right to restrict, suspend, or terminate your account if Youth Laboratory believes that you may be in breach of this Contract or law or are misusing the Services.
3.2 INTELLECTUAL PROPERTY RIGHTS
Youth Laboratory reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Youth Laboratory, and “in” logos and other Youth Laboratory trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Youth Laboratory.
3.3 AUTOMATED PROCESSING
We use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend courses to you. Keeping your profile
4. DISCLAIMER AND LIMIT OF LIABILITY
4.1 NO WARRANTY
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, Youth Laboratory AND ITS AFFILIATES (AND THOSE THAT Youth Laboratory WORKS WITH TO PROVIDE THE SERVICES)
DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.n
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 EXCLUSION OF LIABILITY
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS YOUTH LABORATORY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), YOUTH LABORATORY AND ITS AFFILIATES (AND THOSE THAT YouthLaboratory WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TOYOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF YOUTH LABORATORY AND ITS AFFILIATES (AND THOSE THAT Youth Laboratory WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF
FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR
US $120.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Youth Laboratory AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Youth Laboratory OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
5. TERMINATION
Both you and Youth Laboratory may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Any amounts owed by either party prior to termination remain owed after termination.
You can email us at [email protected] to close your account.
6. GOVERNING LAW AND DISPUTE RESOLUTION
You and Youth Laboratory agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Youth Laboratory both agree that all claims and disputes can be litigated only in the federal or state courts in New York County, New York, USA, and you and Youth Laboratory each agree to personal jurisdiction in those courts.
7. YOUTH LABORATORY DO’S AND DON’TS
7.1. DOS
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.
7.2. DON’TS
You agree that you will not:
Create a false identity on Youth Laboratory, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Youth Laboratory;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
Violate the intellectual property or other rights of Youth Laboratory, including, without limitation,
Copying or distributing our learning videos or other materials or
Copying or distributing our technology, unless it is released under open source licenses;
Using the word “Youth Laboratory” or our logos in any business name, email, or URL.
Post anything that contains software viruses, worms, or any other harmful code.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by Youth Laboratory without our express consent (e.g., representing yourself as an accredited LinkedIn trainer);
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Youth Laboratory consent;
Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without LinkedIn’s consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
9. COMPLAINTS REGARDING CONTENT
Contact information for complaint about content provided by our Members. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members. If you want to send us notices or service of process, please contact us: [email protected].