LessonBreeze: Manual

Terms of Service

AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the LessonBreeze. YOUR USE OF LessonBreeze INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.

USER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name.

CONTENTS OF MESSAGES
You are responsible for the contents of your lessons and biography and the consequences thereof. You agree not to do anything that would restrict or inhibit any other user from using and enjoying the Internet. LessonBreeze reserves the right to terminate your account without prior notice if LessonBreeze becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of LessonBreeze you warrant to LessonBreeze that you will not use the LessonBreeze for any unlawful purpose.

LESSON CONTENT
You are responsible for keeping a copy of your lessons. LessonBreeze is not responsible for any lost files, information, or data. All lessons become the property of LessonBreeze, even if they are deleted from your Lesson Book and even if you terminate your account.

USER RESPONSIBILITIES
You may not initiate any of the following on the LessonBreeze:

Foul language.

Copyrighted material unless you mark the lesson as Do NOT Share.

MONITORING OF SERVICE
You agree that LessonBreeze has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. LessonBreeze reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. LessonBreeze also reserves the right to refuse refunds in cases where LessonBreeze believes abuse has taken place. LessonBreeze reserves the right to monitor any and all communications through or with our facilities. You agree that LessonBreeze is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

SHARING OF ACCOUNT SPACE & RESALE RESTRICTIONS
You represent and warrant that the account you purchase is purchased for yourself. You agree that you are the individual solely responsible for all use of the account and that you will not share your account with others.

REFUND POLICY
All payments are non-refundable.

TERMINATION
LessonBreeze may terminate this agreement and your access to any or all LessonBreeze related services at any time, with or without cause, effective immediately. LessonBreeze shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by LessonBreeze to have violated these Terms of Service may be barred from receiving any services from LessonBreeze.

You may terminate your account by using the Support option on the main page and requesting a termination of your account. LessonBreeze will confirm the request by sending you an email to the address on record. If you respond affirmatively to the email, then your account will be deleted. Any lessons that you have in LessonBreeze will remain in LessonBreeze. No refund shall be issued.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
The LessonBreeze SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LessonBreeze EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE LessonBreeze SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY LessonBreeze, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LessonBreeze, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE LessonBreeze SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE LessonBreeze SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LessonBreeze RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT LessonBreeze IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM LessonBreeze AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
All contents of the LessonBreeze Website are proprietary to LessonBreeze, and/or its suppliers and are protected under Copyright. All rights are reserved. LessonBreeze reserves any rights not expressly granted herein.

FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of LessonBreeze, LessonBreeze is unable to perform in whole or in part its obligations as set forth in this Agreement, then LessonBreeze shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make LessonBreeze liable to the User.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless LessonBreeze against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with LessonBreeze.

REMEDY
You agree that your sole and exclusive remedy to any issues relating to the LessonBreeze Service is to discontinue using the Service.

ASSIGNMENT
In the event of a merger or consolidation of LessonBreeze, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

WAIVER
The failure of LessonBreeze to enforce a provision of this Agreement shall not be construed as a waiver or limitation of LessonBreeze's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

MODIFICATION OF TERMS
LessonBreeze reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the LessonBreeze Website. You are responsible for regularly reviewing these documents. Continued use of LessonBreeze after any such changes shall constitute your consent to such changes. LessonBreeze does not and will not assume any obligation to notify you of any changes to the Terms of Service.