Terms of Use
These Terms of Use were last updated on September 6, 2008.
If you have not reviewed them since that date, please do so,
because they constitute a legally binding agreement between us and you.
You will not receive any other notice of changes to these Terms of Use.
By registering as a Teacher or Student on PowerLearning21.com, you are acknowledging that you have read and accept all of the terms and conditions in these Terms of Use and the Privacy Policy.
Terms of Use for Teachers
You are registering as a Teacher on the website called “PowerLearning21.com.” PowerLearning21.com is owned by PowerLearning21.com LLC, which is a Pennsylvania limited liability company (PL21). These Terms of Use are a legally binding agreement between you (and your heirs, successors and assigns) and PL21 (and its successors and assigns). You must be at least eighteen (18) years of age to register as a Teacher.
- As a registered Teacher, you may upload for your account one or more videos known as Classes (and related Course Materials) to PowerLearning21.com. Unless otherwise indicated, there is no charge to you to upload Classes (and related Course Materials) for your account to PowerLearning21.com. PL21 is not responsible or liable for technical difficulties that you encounter in transmitting a Class for uploading or uploading to PowerLearning21.com or that a Student encounters in viewing or downloading Classes.
- PL21 will provide that Students will pay a Fee to view the Classes uploaded for your account as a Teacher to PowerLearning21.com. PL21 will from time to time and in its sole and absolute discretion establish the Fee that Students pay to view and/or download a Class. PL21 will pay you a portion of the Fee actually paid by a Student to view and/or download the Class. The current portion of the Fee that PL21 will pay you, as the Teacher, is One U.S. Dollar (US$1.00); provided, that such amount may, in the discretion of PL21, be reduced by the amount by which the direct costs of hosting and serving the Class for viewing, as reasonably estimated by PL21, exceed the Fee actually received by PL21 for the Class less US$1.00. The balance of the Fee, if any, will be retained by PL21. The Fee charged to view Classes and the Teacher’s share of that Fee is subject to change at any time in the sole discretion of PL21 without specific notice to the Teacher other than by amending these Terms of Use and making them available on PowerLearning21.com, as described below. Notwithstanding the foregoing, PL21 may from time to time offer discounts, promotions and “money-back guarantees” to view your Classes which have the effect of reducing or eliminating the portion of the Fee payable to you. The Teacher’s share of the Fee will be paid to you within 60 days after receipt of the Fee by PL21.
- In addition to establishing the Fee, PL21 will establish in its sole and absolute discretion the other terms on which Students may view Classes.
- You agree that all Classes uploaded to your account will be educational in nature and each Class will be not be more than one hour long.
- You agree that all registration information you provide to PL21 will be true, complete and correct in all respects. You agree to maintain an active email account and to advise PL21 of any change to your email address. You agree that any notice sent to you by PL21 to the email address you last provided to PL21 will be effective notice when sent by PL21. You are responsible for all activity on your account. You shall notify us by regular mail or by e-mail at TeacherSupport@PowerLearning21.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of PowerLearning21.com, its owners or agents. Distribution of your password to other persons is expressly prohibited.
- You agree that the content of the Classes uploaded for your account will not contain any offensive material, as determined by PL21 in its sole and absolute discretion. PL21 reserves the right to reject any Class, and not include it on PowerLearning21.com, for any reason in its sole and absolute discretion.
- You agree that you exclusively own and have all legal rights to all information and content contained in any Class or Course Materials uploaded for your account to PowerLearning21.com. You agree to indemnify and hold PL21 harmless from and against any claim or loss, including reasonable attorneys’ fees that PL21 incurs as a result of any Class or Course Materials uploaded for your account to PowerLearning21.
- By transmitting for uploading or uploading a Class and/or Course Materials to PowerLearning21.com, you convey to PL21 all rights, title and interest you have in that Class and those Course Materials (including the content thereof), whether or not you thereafter delete the Classes and Course Materials from PowerLearning21.com. PL21 will grant to you a revocable, royalty free license to use the Classes and Course Materials uploaded for your account to PowerLearning21.com for your personal use; provided, that you may not and you agree that you will not make the Classes or Course Materials available to any other internet website, whether or not you are compensated therefor. As the owner of the Classes and Course Materials uploaded for your account to PowerLearning21.com, PL21 shall have the right to use the Classes and Course Materials on PowerLearning21.com or any similar affiliated website, with or without compensation to you.
- PL21 may amend or modify these Terms of Use from time to time, including the applicable Fee and the portion of the Fee payable to you, in its sole and absolute discretion and any such amendment or modification will be effective and legally binding on you upon posting to PowerLearning21.com.
- Your account on PowerLearning21.com may be suspended or terminated for any reason at any time without notice.
Termsof Use for Students
You are registering as a Student on the website called “PowerLearning21.com.” PowerLearning21.com is owned by PowerLearning21.com LLC (PL21). These Terms of Use are a legally binding agreement between you (and your heirs and assigns) and PL21 (and its successors and assigns). You must be at least eighteen (18) years of age to register as a Student.
- As a registered Student, you may view one or more videos known as Classes (and related Course Materials) on PowerLearning21.com. PL21 is not responsible or liable for technical difficulties you encounter in viewing or downloading Classes.
- PL21 charges Students a Fee to view the Classes on PowerLearning21.com. PL21 will from time to time and in its sole and absolute discretion establish the Fee that Students pay to view a Class. The current Fee to view a Class is Two and 99/100 U.S. Dollars (US$2.99) and must be paid in full by you prior to viewing any Class. The Fee charged to view Classes is subject to change at any time in the sole discretion of PL21 without notice. Notwithstanding the foregoing, PL21 may from time to time offer discounts, promotions and “money-back guarantees” to view Classes.
- PL21 will establish in its sole and absolute discretion the other terms on which Students may view Classes.
- You agree that all registration information you provide to PL21 will be true, complete and correct in all respects. You agree to maintain an active email account and to advise PL21 of any change to your email address. You agree that any notice sent to you by PL21 to the email address you last provided to PL21 will be effective notice when sent by PL21. You are responsible for all activity on your account. You shall notify us by regular mail or by e-mail at StudentSupport@PowerLearning21.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of PL21, its owners or agents. Distribution of your password to other persons is expressly prohibited.
- You agree that the content of the Classes you view is the sole responsibility of the Teacher who uploaded the Class to PowerLearning21.com and that PL21 is not responsible for the content of any Class in any respect. Students must rely on the information provided in a Class at their own risk. We and our Teachers provide all Classes and other content on PowerLearning21.com "AS IS", and without any warranty of any kind. PL21 and its affiliates and Teachers make no representations concerning the suitability, reliability or accuracy of any information in any Classes for any purpose. We and our affiliates and Teachers disclaim all warranties, expressed or implied, in connection with the information contained in any Classes, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we, our affiliates or our Teachers be liable for any direct, indirect, punitive, special, consequential or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
- You agree that you will view and use all Classes solely for your personal use and PL21 grants you a limited license for that limited purpose. The duration of that limited license will be at least one full viewing of each Class. You agree that you will not reproduce, rebroadcast, transmit, resell or otherwise use any Class for any other purpose without the express written consent of PL21.
- PL21 may amend or modify these Terms of Use from time to time, including the applicable Fee payable to view a Class, in its sole and absolute discretion and any such amendment or modification will be effective and legally binding on you upon posting to PowerLearning21.com.
- Because some states and other jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE. If, notwithstanding the limitations on remedies contained in these Terms of Use, PL21 is found to be liable for any reason, PL21’s liability to you and any third party is expressly limited to the greater of (i) the total fees paid to PL21 in the 12 months prior to the action giving rise to the liability, and (ii) US$100.
- Your account on PL21 may be suspended or terminated for any reason at any time without notice.
