Terms of Use

These Terms of Use apply to both the Shari Levitin Group corporate website at www.sharilevitin.com and the Levitin Learning site at www.levitinlearning.com.

The Shari Levitin Learning online learning platform website (“Platform”) available at www.levitinlearning.com is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Platform constitutes your agreement to all such terms, conditions, and notices of these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Shari Levitin Group, Inc. (“LG”) reserves the right to change the terms, conditions, and notices under which the Platform is offered, including but not limited to the changes associated with the use of the Platform, without notice to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this page. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Platform following changes to these Terms of Use shall constitute your acceptance of all such changes.

LINKS TO THIRD PARTY SITES

The Platform may contain links to other third party web sites (“Linked Sites”). The Linked Sites are not under the control of LG, and LG is not responsible for the contents and/or policies of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LG is not responsible for webcasting or any other form of transmission received from any Linked Site. LG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LG of the Linked Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Platform, you warrant to LG that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use the Platform in any manner, which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You agree not to obtain or attempt to obtain any Platform materials or information through any means not intentionally made available or provided for through the Platform.

USE OF LEVITIN GROUP CONTENT & MATERIALS

“Levitin Group Materials” refers to content, in any format, made available or enabled by LG or the Platform, and includes, without limitation, any (i) videos, audio, documents, data, webcasts, images, photographs, graphics, etc., (ii) products, and (iii) LG software code and associated documentation. LG Materials and the Platform are protected by copyright, trademark, trade dress, trade secret and/or other intellectual and proprietary rights. Except as expressly provided in the Terms of Use, LG and its suppliers/affiliates do not grant any implied or express rights to use LG Materials. LG hereby grants licensed Platform users a non-exclusive, freely revocable, non‐transferable license to view LG Materials subject to the following conditions:

  • i. You may access and use the LG Materials solely for personal, non‐ commercial, informational, and internal purposes in accordance with LG’s Terms of Use;
  • ii. You may not distribute, sell, rent, license, lease or otherwise make the LG Materials available to others, including but not limited to your personal user name and pass code or password;
  • iii. You may not make modifications to the LG Materials.

 

USE OF YOUR CONTENT & MATERIALS

Your agree that your submission of any Content to the LG Lightspeed VT Platform is conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your submission of Content to the Platform constitutes your agreement to all such terms, conditions, and notices.

  • i. If your contract permits, you may submit Content including videos. You understand that LG does not guarantee any confidentiality with respect to any Content you submit.
  • ii. You understand that you are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Platform. You fully represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish all Content you submit and you license to LG all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Platform in accordance with this agreement.
  • iii. You further agree that Content you submit to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LG all of the license rights granted herein.
  • iv. LG expressly disclaims any and all liability in connection with Content. LG does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and LG will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. LG reserves the right to remove Content without prior notice.

 

USE OF THE PLATFORM

Lightspeed VT owns the entire right, title, and interest in and to the Platform and the associated software code and documentation. LG licenses the Platform from Lightspeed VT. LG owns the entire right, title and interest to any and all intellectual property, in any format and made available by LG on the Platform (“Content”), which intellectual property includes, without limitation: videos, audio, documents, data, webcasts, images, photographs, graphics, and/or the like. Content and the Platform are protected by copyright, trademark, trade dress, trade secret and/or other intellectual property rights or other proprietary rights. Except as expressly provided in these Terms of Use, LG does not grant any implied or express rights to use, distribute, copy, modify, or otherwise access the Content.

LG hereby grants licensed Platform users a non-exclusive, freely revocable, non-transferable license to access and use the Content subject to the terms contained herein including in accordance with the following conditions:

  • i. You may access and use the Content solely for personal, non-commercial, informational, and internal purposes in accordance with LG’s Terms of Use and/or other agreements in place with LG;
  • ii. You may not distribute, sell, rent, license, lease or otherwise make the Content available to others;
  • iii. You may not copy, distribute, reproduce, use or allow access to the Content except as explicitly permitted by these Terms of Use and/or other agreements in place with LG;
  • iv. You may not modify, adapt, translate, prepare derivative works from, decompile or disassemble any of the Content;
  • v. You may not modify, adapt, translate, prepare derivative works from, decompile, decode, or reverse engineer or otherwise attempt to derive any of the source code of the LG Platform.

 

MEMBERSHIP, FEES, BILLING, RENEWALS & REFUND POLICIES

Free Trials

Your Levitin Learning subscription may start with a free trial which lasts for up to one week, or as otherwise specified during your original registration. In order to sign-up for a free trial you agree to register providing true, accurate, current and complete information about yourself as prompted by Levitin Learning’s registration form.

Individual Subscriptions

By starting your annual Levitin Learning subscription, you are expressly granting authorization for LG to charge your credit or debit card at the agreed upon rate in addition to any other charges you may incur in connection with your use and purchase of other Levitin Learning services (e.g. online training courses, webinars, etc.). You understand that your Levitin Learning subscription provides you access to Levitin Learning’s library of online training videos, blogs and podcasts but not necessarily other Levitin Learning services including online training courses and webinars which may be purchased at the rates then in effect.

You understand that your Levitin Learning subscription automatically renews annually until cancelled by you emailing us at Corporate at Shari Levitin dot com and in accordance with the provision contained herein.

Your Levitin Learning subscription automatically renews on the same date of the corresponding year or the final date of the month if no corresponding date. Notwithstanding the forgoing, you may cancel a renewed subscription up to five (5) days following the renewal date and receive a full refund of the new subscription fees. You understand that subscriptions renew at the subscription rates in effect at the time of the automatic renewal and that LG may increase its subscription fees for any subsequent subscription period at any time and for any reason. Discounts, special offers, rebates, etc. are valid only for the initial subscription term. Since our products are digital, you understand your subscription fees are non-refundable and all sales are final. There are no refunds or credits for partially used periods.

Your Levitin Learning subscription entitles you to access the Platform. You may not share your account, user name or password with someone else at any time. Additionally, you may not use the account, user name or password of someone else at any time. You agree to notify LG immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify LG immediately if you are aware of or suspect other unauthorized use of the Platform and/or Platform content. LG will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. Only the authorized licensed user is permitted to use the password-protected training content within Levitin Learning. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based content, the original site license holder shall be responsible for and will be billed a full month’s fee for each month an unauthorized user logs into Levitin Learning.

LG reserves the right to terminate a subscription if Subscriber violates any provision of these Terms of Use or Privacy Policy described in Appendix B, in which case Subscriber may not be entitled to any refund of subscription fees. Additionally, LG may terminate a subscriber’s access if unable to renew the subscription based on incorrect credit or debit card information.

The right to access Levitin Learning content is granted only upon a Subscribers acceptance of these Terms of Use and payment of subscription fees.

Team Subscriptions

Team subscriptions may be purchased by credit or debit card in which case, by starting an annual Team Levitin Learning subscription, you are expressly granting authorization for LG to charge the designated credit or debit card at the then current subscription rate in addition to any other charges you may incur in connection with the company’s and/or its users use and purchase of other Levitin Learning services (e.g. online training courses, webinars, etc.). Team subscribers desiring to purchase subscriptions on credit and pay via an invoice may submit approved purchase orders to Corporate at Shari Levitin dot com which orders may be accepted at Levitin Learning’s sole discretion with approved credit.

Team subscriptions enable a company to purchase a block of individual user licenses, which are assigned to and may only be accessed by each individual assigned to each license. Team subscriptions provide licensed users access to Levitin Learning’s library of online training videos, blogs and podcasts but not necessarily other services including online training courses and webinars, which may be purchased at the rates then in effect.

Your Levitin Learning team subscription entitles you to access the Platform. You may not share your account, user name or password with someone else at any time. Additionally, you may not use the account, user name or password of someone else at any time. You agree to notify LG immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify LG immediately if you are aware of or suspect other unauthorized use of the Platform and/or Platform content. LG will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. Only the authorized licensed user is permitted to use the password-protected training content within Levitin Learning. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based content, the original site license holder shall be responsible for and will be billed a full month’s fee for each month an unauthorized user logs into Levitin Learning. Since our products are digital, you understand your subscription fees are non-refundable and all sales are final.

LG reserves the right to terminate a subscription if a user violates any provision of these Terms of Use or Privacy Policy, in which case the Team subscriber may not be entitled to any refund of subscription fees. Additionally, LG may terminate a Team subscriber’s access if unable to renew the subscription based on incorrect credit or debit card information or non-payment of an invoice.

If your company has purchased a team multi-user Levitin Learning subscription, the provisions of these Terms of Use mutually bind you and your sponsoring company.

Online Training Courses

Purchases of Online Training Courses provide limited access to one or more online training courses as specified on the course description within the Levitin Learning website and are granted via the terms and conditions of a contract separately entered into by you and LG. In the event a conflict exists between the terms of a contract separately entered into with LG and these Terms of Use, the terms and conditions of the separately executed contract shall take precedence and prevail. We reserve the right to provide a refund, credit, discount or other consideration to one or all purchases of online courses, the amount and form of which shall be at Levitin Learning’s sole and absolute discretion.

Your Online Training Course purchase entitles you to access the course(s). You may not share your account, user name or password with someone else at any time. Additionally, you may not use the account, user name or password of someone else at any time. You agree to notify LG immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify LG immediately if you are aware of or suspect other unauthorized use of the Platform and/or Platform content. LG will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. Only the authorized licensed user is permitted to use the password-protected training content within Levitin Learning. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based content, the original site license holder shall be responsible for and will be billed a full month’s fee for each month an unauthorized user logs into Levitin Learning.

LG reserves the right to terminate access to an online training course(s) if a user violates any provision of these Terms of Use or Privacy Policy, in which case user may not be entitled to any refund of course fees. LG may terminate a user’s access if unable to process payment based on incorrect credit or debit card information.

The right to access a Levitin Learning online training course is granted only upon a user’s acceptance of these Terms of Use and payment of course fees.

USE OF YOUR CONTENT & MATERIALS

You agree that any content and/or materials you upload to the Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have express written permission from the rightful owner of the material or you are otherwise legally entitled to post the content and/or materials. By uploading content and/or materials to the Platform, you grant LG a worldwide nonexclusive, royalty-free, fully paid-up, perpetual license to use the content and/or materials in connection with operation of the Platform.

Additionally, you may not upload to the Platform any content and/or materials, without the express written permission of LG, which you have rightfully or unrightfully obtained from which includes without limitation: video and/or materials obtained from any live training, consulting, etc. conducted by LG and/or training conducted by other parties utilizing any intellectual property belonging to LG.

LG reserves the right to remove any uploaded content and/or materials that LG, in its sole discretion, deems inappropriate.

USE OF COMMUNICATION SERVICES

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and/or receive messages and/or material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, trojans, worms, adware, malware, corrupted files, or any other similar software and/or programs that may damage the operation of a computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • Violate any applicable laws or regulations.

LG has no obligation to monitor the Communication Services. However, LG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

LG reserves the right at all times to disclose any information related to the Communication Services as necessary to satisfy any applicable law, regulation, legal process or governmental request. LG further reserves the right to edit, refuse to post, or to remove any information or materials from the Communication Services, in whole or in part, in LG’s sole discretion.

Always use caution when giving out any personally identifying information, for example information about yourself or your children, in any Communication Service. LG does not control or endorse the content, messages or information found in any Communication Service. LG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, administrators and hosts are not authorized LG spokespersons, and their views do not necessarily reflect those of LG.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LG claims ownership of the materials you provide on the Platform (including feedback and suggestions) or post, upload, input or submit to the Platform or any LG website or its associated services (collectively, “Submissions”). By posting, uploading, inputting, providing or submitting your Submission you are granting LG, its affiliated companies and necessary sublicensees a world-wide, royalty-free, non-exclusive, transferable, perpetual, irrevocable and fully sublicenseable license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, market and/or sell your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. LG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LG’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PLATFORM AT ANY TIME. ADVICE RECEIVED VIA THE PLATFORM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

TERMINATION/ACCESS RESTRICTION

LG reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice.

GENERAL

This Agreement is governed by and shall be construed in accordance with the laws of the State of Utah, United States of America, without regard to principles of conflicts of law. In the event of a dispute arising under or relating to these Terms of use, the Platform, or the Content, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Utah, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LG as a result of this agreement or use of the Platform. LG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by LG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LG with respect to the Platform, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LG with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT NOTICE

Certain contents of the Platform are covered by copyright of LG and/or its suppliers, including The Shari Levitin Group, Inc. All rights reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT, INCLUDING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law may be sent to a Service Provider’s Designated Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LG’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LG that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Platform;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LG’s Copyright Agent for notice of claims of copyright infringement on the Platform and/or Domains can be reached as follows:

The Shari Levitin Group, Inc.
Attn: Copyright Agent
PO Box 683605
Park City, UT 84068
Phone: (435) 649-0003

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LG, its officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and/or access to the Platform; (ii) your violation of any provision of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any improper or unauthorized use of the Content by you; or (v) any claim that your content or materials caused damage to a third party, or any allegation that anything you transmit through or in connection with the Platform infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party. These defense and indemnification obligations will survive these Terms of Use and your use of the Platform.