Terms and Conditions of Use
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using LearnerParkMedia.com, SmartLev.com, or any other websites operated by Learner Park, LLC (“us”, “we”, or “our”), or before subscribing to or opting in to any trial, subscription, webinar, promotion, or offering whatsoever, all collectively referred to as these “Services”.
Your access to and use of these Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use these Services.
By accessing or using these services you agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you disagree with any part of the terms found herein or in our Privacy Policy then you may not access these Services.
Eligibility
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
Intellectual Property
These Services and their original content, features and functionality are and will remain the exclusive property of Learner Park, LLC dba Learner Park Media and its licensors.
Links To Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by Learner Park, LLC. dba Learner Park Media.
Learner Park, LLC dba Learner Park Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Learner Park, LLC dba Learner Park Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or these Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of these Services is at your sole risk. These Services are provided on an “AS IS” and “AS AVAILABLE” basis. These Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Utah, USA without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, (unless additional terms are expressed or implied by separate contract for a particular project or product) and supersede and replace any prior agreements we might have between us regarding these Services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using these Services.
SMS and MMS Communication
You have chosen to opt-in and agree to receive automated promotional and informational text messages on an ongoing basis (e.g., SMS and MMS) from Learner Park, LLC dba Learner Park Media and its affiliates (collectively “Learner Park Media”, “us”, “we” or “our”), including text messages which may be delivered by an automated messaging system, to the mobile telephone number you provided to us upon opting in or subscribing to any of these Services or any other number that you may input. Your carrier’s messaging & data rates may apply. Your consent to receive automated text messages is not a condition of any purchase you make or service you subscribe to.
Messaging frequency may be subject to change and will vary depending on the particular program, services or trial you have opted in or subscribed to. Learner Park reserves the right to change the volume of messages sent at any time and for any reason. Learner Park has the right to modify any short code or phone number from which this service sends you messages.
Due to the wide variety of mobile devices and handsets, you acknowledge that not all devices and/or interfaces may be supported by this service and our messages may not be deliverable to you in all locations. Learner Park, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
By agreeing to these Messaging Terms, you also agree to Learner Park’s Terms and Privacy Policy, which are hereby incorporated by reference. In the event of any conflict, these Messaging Terms shall control with regard to your use of this messaging service.
Age Restriction and Eligibility
In order to use this messaging service, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. This messaging service is not intended for children under the age of 13 and no person under the age of 13 may use the program. If you use the messaging service, you are affirming that you are at least 13 years old.
Choosing to Opt-Out
You may reply with the word “STOP” to opt-out of this messaging service at any time. After texting “STOP” to any text message, you will receive confirmation from us that your opt-out request has been processed via a text message sent to you. You acknowledge that an opt-out request that does not solely consist of the “STOP” keyword command will not be recognized by our system as an opt-out request, and you agree and acknowledge that Learner Park and its service providers will not be responsible for any failure to comply with such ineffective opt-out requests. Notwithstanding the foregoing, if you opt-out from this text message program, you may continue to receive text messages from Learner Park through any other programs you have joined until you separately opt-out from those programs. Transactional text messages pertinent to any service, trial, subscription, or program you currently subscribe to may still be sent.
Termination of Text Messaging
Learner Park may suspend or terminate this service and your receipt of Learner Park related text messages if it believes you are in breach of these Messaging Terms. Your use of this service and receipt of Learner Park text messages are also subject to termination in the event you no longer have the rights to access your mobile telephone service. Learner Park reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Learner Park text messaging service, with or without notice.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Learner Park at 801-701-3391
Contact
If you have questions regarding these Messaging Terms or are experiencing any problems, please reach out to us at support@learnerparkmedia.com or contact us at the address below.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Contact Us
If you have any questions about these Terms and Conditions, you may contact us at:
Learner Park, LLC
6905 S 1300 E #104
Salt Lake City, UT 84047
support@learnerparkmedia.com
