STUDENT LOGIN

TERMS OF USE

Learn with Brooks Ann

  1. ACCEPTANCE OF TERMS: Learn with Brooks Ann (hereafter “LBA”) is an online e-commerce website that provides instruction and tutorials to Users who wish to learn how to sew. LBA provides their services to Users subject to the following terms and conditions. If you, the User, uses or participates in, via any and all digital or live platforms offered by LBA, any products of LBA you accept these terms of use and agree to be bound by them. These Terms of Use are applicable through all means of entry or access to LBA. Please read all terms and conditions carefully. Throughout these Terms of Use, the words “we”, “us” and “our” refer to LBA and the words “you” or “they” refer to a User of LBA. LBA delivers its products through multiple digital platforms and multiple digital modes of communication that may or may not be owned and operated by LBA exclusively. Such platforms include but are not limited to: Facebook, Skype, electronic mailing services, etc. As such, if you use or participate in any LBA product, you agree to participate in those additional digital platforms as well and be bound by those respective terms and use agreements for those individual platforms. LBA reserves the right to modify these Terms of Use at any time and without any notice to individual Users. As such, it is the individual User’s responsibility to keep themselves abreast of the current Terms and Use of LBA. A User must be 18 years of age and/or older to use the products and services of LBA.

  2. LICENSE AND SITE ACCESS: LBA grants you a limited license to access and make personal use of this site. As a part of LBA’s product scheme, Users will be allowed to download certain content for their personal use in furthering their education through LBA. Users may ONLY download those materials LBA explicitly indicates are available for download and Users may only download those materials once. All materials taken from LBA that are downloadable are for the strict personal use of the User and may not be copied, transmitted, altered, modified, uploaded, or transferred to anyone else (even other LBA Users) without the explicit written consent of LBA. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent or permission of LBA. Any unauthorized use terminates the permission or limited license granted by LBA.  The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LBA so long as the link does not portray LBA or its products and services in a false, misleading, derogatory, or otherwise offensive manner.

  3. USER ACCOUNTS: Users of this site are responsible for maintaining confidentiality of their account passwords and for restricting access to their computer. Users agree to accept responsibility for all activities that occur under their respective passwords and accounts. Users agree not to allow access to the site through their account by any individual other than themselves. Users of LBA and its products agree to provide LBA a valid electronic mail address so that LBA can deliver its products to the User. If a valid electronic mail address is not provided to LBA through the registration process, a user cannot access LBA services and products and LBA is under no obligation to sell or grant access to its products without said address.

  4. TERMINATION: User agrees that LBA may, in its sole discretion and without prior notice, terminate a User’s access to the site, block or restrict a User’s future access to the site, and delete a User’s profile for any reason or no reason, including but not limited to: 1) violation of these Terms of Use or other agreements or guidelines which may be associated with a User’s use of the site or the products and services offered thereon, 2) requests by law enforcement or other government agencies, 3) a request by the User (self-initiated account deletions), 4) discontinuance or material modification of the site (or any part thereof) or any service offered on or through the site, 5) unexpected technical issues or difficulties. User agrees that LBA will not liable to them or to any third party for termination or restriction of their access to the site or deletion of their profile.

  5. MODIFICATION OF SITE: LBA reserves the right to terminate, modify, cancel, or revoke this site, its content, and the availability of its content and products at any time and for any reason without notice to the User.

  6. PHOTO SHARING: As a part of LBA’s delivery of products and services, Users may choose to submit digital photographs through the platform utilized by LBA; Facebook and/or private electronic mail. LBA agrees to take reasonable and prudent care when receiving such materials from a User and safeguarding those images or photographs. There are always certain risks of accidental or inadvertent dissemination when a user decides to share digital photographs through any digital or electronic platform with another entity. User agrees that should they submit any digital or physical image or photograph to LBA they do so at their own risk of its subsequent inadvertent or accidental dissemination and User agrees to hold LBA harmless in the event said digital images or photographs are accidentally or inadvertently disseminated to entities or persons other than LBA. User agrees that once they have delivered to LBA any digital or photographic image, the User has consented to LBA having possession of said image in perpetuity and LBA may keep the image or a copy of the image for as long as LBA deems fit. LBA agrees NOT to disseminate any images or photographic data given to LBA by a User to any third party without the written consent of the User.

  7. IN PERSON MEETINGS WITH LBA: LBA offers Users the ability to come to an LBA location to work with an LBA representative or owner as a part of the LBA product and service scheme. Should a User utilize this service and meet with an LBA representative, User agrees to hold LBA harmless for any accident, physical injury or emotional injury that may occur while on site at an LBA location or with an LBA representative.

  8. PRIVACY POLICY: LBA’S Privacy Policy provided through this link https://learnwithbrooksann.com/privacy-policy/ further details LBA’s collection and use of information on this site.

  9. SUPPORT AND MAINTENANCE: LBA is under no obligation to provide support and maintenance for its site and User agrees to hold LBA harmless for any issues or problems that arise from use of its site.

  10. RIGHTS AND OWNERSHIP: LBA is the exclusive owner of Learn with Brooks Ann and as such all content, intellectual property, copyright, materials both digital and physical, Logos, and any other aspects of this site are the property of LBA and cannot be used, sold, displayed for any purpose, disseminated, transferred, transcribed, or transmitted in any way with the express written consent and permission of LBA.

  11. ADVERTISING: LBA does NOT display advertisements from third parties on its websites. However, in the course of LBA delivering services to a User, LBA may or may not make recommendations for a User to visit a third-party website or vendor for supplies or other goods and products through an affiliate link. If a User chooses to utilize an affiliate link through LBA or while accessing LBA’s site, LBA does get a commission directly from that affiliate for that User utilizing that link through LBA. Users are under no obligation to purchase through or access affiliate link’s on or through LBA or purchase third-party products or services through LBA or its site.

  12. DISCLAIMER: LBA DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE, PRODUCT OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. EXCEPT AS MAY BE EXPRESSLY WARRANTED TO YOU UPON YOUR PURCHASE OF A SERVICE OR PRODUCT RELATED TO THE PLATFORM, THE PLATFORM AND ITS CONTENT ARE DELIVERED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. LBA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR DOES LBA GUARANTEE THAT ANY DATA UPLOADED TO THE PLATFORM WILL BE STORED PROPERLY, PERMANENTLY OR NOT BE ENTIRELY OR PARTIALLY LOST. LBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LBA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO A USER’S USE OF THE PLATFORM AND/OR ANY LBA SERVICES. USER ASSUME TOTAL RESPONSIBILITY FOR THEIR USE OF THE PLATFORM AND ANY LINKED SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, LBA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. USER UNDERSTAND AND AGREE THAT THEY OBTAIN CONTENT AT YOUR OWN RISK, AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR THEIR USE AND ANY DAMAGE TO THEIR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH THEY ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. LBA RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

  13. APPLICABLE LAW: User agrees that the CONTRACT laws of the State of North Carolina, without regard of principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between the User and LBA.

  14. SEVERABILITY: If any provision of this Terms and Use Agreement is held invalid, the remainder of the Terms of Use agreement shall continue to be enforceable. If any provision in this Terms of Use agreement is deemed unlawful, void, or unenforceable, then that provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.

  15. DISPUTES: Any dispute relating in any way to a User’s visit to LBA or use of LBA’s products and services shall be submitted to confidential binding arbitration in North Carolina, except that, to the extent a User has in any manner violated or threatened to violate LBA intellectual property rights, LBA may seek injunctive relief or other appropriate relief in any state or federal court, and User consents to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Use Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

(Last revised 12/2019)