Terms & Conditions

The online software available at DownloadLearning.com (the ‘Service’) is provided by LetterPress Software, Inc (‘LPS’). By using any part of the Service and accessing the information contained within it, you are by implication ACCEPTING and will be bound by these terms and conditions (the ‘Agreement’).

The following terms and conditions apply to use of the Service and the materials and information it contains (‘Materials’).

In these terms and conditions ‘Subscriber’ means an organization or an individual subscriber. An ‘Authorized User’ means anyone legitimately and legally authorized by a Subscriber or expressly by LPS to access the Service. ‘Unauthorized Person’ means any person who is not an Authorized User. ‘You’ or ‘Your’ means any user of the Service.

LICENSE

The Service and the Materials contained therein is protected by United States copyright laws and international copyright treaties, trademark laws, and other intellectual property laws and treaties. LPS retains copyright to the Service and the Materials contained therein. You may use the Service and the Materials that appear therein from time to time for education, training, and reference purposes. You shall not distribute, not permit to be distributed, login information to any who are not Authorized Users.

REGISTRATION & SECURITY

Use of the Service requires registration. Login information security is your responsibility. You must provide LPS with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.

FEES AND PAYMENTS

LPS will provide billings to Subscribers based on subscriptions requested to the Service. Subscribers agree to make payments to LPS at net 30 days of all invoices. For balances that are past the due date, Subscribers will be subject to a finance charge of 1.5% of the unpaid balance per month (18% annually). Subscriptions to the Service are continuous and will be automatically renewed until terminated by the Subscriber.

TERMINATION

LPS may suspend access by any person or organization to the Service at any time without prior notice or compensation if it has reasonable grounds to suspect a breach of these terms and conditions by that person or organization.

MODIFICATIONS

LPS reserves the right to modify this agreement or the Services covered herein at any time.

GOVERNING LAW

This agreement is governed, construed and enforced according to the laws of the State of Utah and United States of America federal law.

DISCLAIMER OF WARRANTY

The Materials contained in the Service are provided “AS IS” and without warranty of any kind either express, implied or statutory. LPS makes no representations concerning the suitability, reliability or accuracy of the Materials provided on the Service for any purpose. LPS disclaims all warranties, expressed or implied, in connection with the Materials and the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will LPS be liable for any direct, indirect, punitive, special 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.

REFUND POLICY

The Service and Materials contained therein are provided “AS IS” and without warranties as to performance or merchantability or any other warranties whether expressed or implied. By purchasing or using the Service, you acknowledge and agree that there shall be absolutely no refunds for any reason whatsoever, including a change in market conditions, a change in business or web site strategy, a claim that the product does not suit your needs or is not what you expected, or for any other reason.

GENERAL

This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.