Terms of Service

Terms of Use Learn Prompting Company (together with our affiliates, “Learn Prompting”, “we”, or “us”) provides an online education service on the Learn Prompting website located at learnprompting.org and https://learnprompting.org (collectively, the “Site”, and the Site, together with any products and services provided by Learn Prompting, the “Service”). By registering on the Site or by visiting, browsing, or using the Learn Prompting Service in any way, you (“user” or “you”) accept these Terms of Use (the “Terms”), which forms a binding agreement between you and Learn Prompting. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE ACCEPTING THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU ARE A BUSINESS USER, THEN THESE TERMS WILL APPLY TO YOU TO THE EXTENT THEY ARE APPLICABLE TO USERS. FOR CLARITY, IF YOUR COMPANY HAS SEPARATELY EXECUTED A MASTER SERVICES AGREEMENT (“MSA”) OR ORDER FORM WITH US AND YOU ARE AUTHORIZED BY SUCH COMPANY TO CREATE A BUSINESS PLAN (AS DEFINED BELOW), THESE UPDATED TERMS OF USE APPLY ONLY TO THE EXTENT AUTHORIZED BY YOUR COMPANY'S MSA OR ORDER FORM. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE IF YOU ARE NOT AT LEAST 16 YEARS OLD. IF YOU ARE UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THE SITE OR SERVICE), THEN YOU MAY ONLY ACCESS THE SITE OR SERVICE IF YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, DO NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS AND/OR USE THE SITE OR SERVICE. 1. Account 1.1 Account Creation In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Our Privacy Policy forms a part of these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Service. Learn Prompting may suspend or terminate your Account in accordance with Section 6. 1.2 Account Responsibilities You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Learn Prompting of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Learn Prompting cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 2. Learn Prompting Plans and Purchase Terms 2.1 Plans The features and price of your access to the Service is determined by the subscription plan and account type you register for, purchase, renew, or change into (each, a “Plan”)—to review the features and price associated with Learn Prompting’s Plans, please visit https://learnprompting.org/pricing. 2.2 Free plan If you sign-up for a free plan (“Free Plan”), also called a Basic plan on the website, through our Site, Learn Prompting grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service in strict accordance with these Terms. We reserve the right, in our absolute discretion, to withdraw or to modify your access to the Service at any time without prior notice and with no liability. 2.3 Professional plan If you purchase a plus subscription plan ("Plus Plan"), Learn Prompting grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal use for the subscription term selected (the Plus Term”) in strict accordance with these Terms. 2.4 Enterprise Plan (a) Enterprise License If you purchase an enterprise subscription plan ("Enterprise Plan") through our Site, a Learn Prompting order form ("Order Form"), or an enterprise vendor's order form ("Enterprise Vendor Order Form"), Learn Prompting grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service for the selected subscription term ("Enterprise Term"), subject to these Terms. The Order Form or Enterprise Vendor Order Form terms shall supplement and be incorporated into these Terms. In case of conflict, the Order Form or Enterprise Vendor Order Form terms shall prevail for the specific Enterprise Plan governed by such form. (b) Seats The Enterprise Plan allows employees or affiliate employees to register as users (a "Enterprise User"), each Enterprise User will be able to register for an Account and use and access the Service (a “Seat”). Each Seat is to be used solely by the named Enterprise User and may not be shared amongst multiple employees, affiliate employees, contractors, agents, or other individuals. Except if explicitly indicated in a separate agreement or Order Form, the Seats granted under these Terms are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your Enterprise Users from granting access to the Service to any other individuals. As a Enterprise Plan subscription holder, you represent and warrant that you have obtained all necessary consents, approvals, or other authorizations from your Enterprise Users and have provided appropriate notices for the collection and use of such users’ User Content (as defined below) by Learn Prompting in accordance with these Terms. (c) Transfer You acknowledge and agree that the Seats granted under these Terms are specific to the individual Enterprise Users you designate. The Individual Enterprise Subscriptions granted under these Terms are not transferable to any other individual for any reason. You will take all commercially reasonable steps to prevent your Enterprise Users from granting access to the Service to any other individuals. (d) Publicity As a Business Plan subscription holder, you agree that we may include your name in a list of customers and identify that you are a user of Learn Prompting. We may post your company name and logo on our Site and promotional materials provided that such use may be for informational purposes only in marketing efforts, and for no other purpose. 2.5 Fees The License (Individual or Enterprise) is expressly conditioned on timely payment of the then-applicable license fee (“Subscription Fee”). We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind. We will remit taxes collected, if any, to the appropriate taxing authority. If payment is not received within the required time period, we may suspend your access to the Service until payment is received. Except as set forth in the Terms, all Subscription fees are non-refundable. We reserve the right to increase or decrease any Subscription Fee at any time; however, to the extent you have paid your Subscription Fee in advance, the increase or decrease will not become effective for your Plan until the end of your current Term or your next renewal. 2.6 Auto-Renewal for Subscription Services Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate. To change or terminate your Subscription, go to your Account page or reach out to Learn Prompting Support at [email protected]. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term. 3. Trial Subscriptions and Beta Releases From time to time, Learn Prompting may provide you with a Free Plan or a Learn Prompting Service on a trial basis at no charge (a “Trial Subscription”) or with access to features and functionality designated as pilot, unreleased, limited release, non-production, early access, in development, or in “alpha” or “beta” or by a similar description (collectively, “Beta Releases”), which are optional for you to use, any may be subject to supplemental terms that will be presented to you. You may choose to try such Trial Subscriptions and Beta Releases at your sole risk. Learn Prompting may use good faith efforts in its discretion to assist You with Trial Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, you agree that any Trial Subscriptions or Beta Releases are provided on an “as is” and “as available” basis, to the fullest extent of the law, without any warranty, support, maintenance, storage or indemnity obligations from Learn Prompting of any kind. You acknowledge and agree that Beta Releases, by their nature, have not been fully tested and may contain bugs, errors, omissions, which may not be corrected by Learn Prompting and that Beta Releases may undergo significant changes prior to release of the generally available final versions. Learn Prompting makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. Learn Prompting may terminate your right to use any Trial Subscriptions or Beta Releases at any time for any reason. YOU ACKNOWLEDGE AND AGREE THAT Learn Prompting WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL SUBSCRIPTION OR A BETA RELEASE. 4. Usage of the Service 4.1 Restrictions The License granted is subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, in whole or in part, or any content displayed on the Service; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not access or use the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or specifically enabled as a feature of the Service, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. 4.2 Limits We reserve the right to monitor use of the Service and to deactivate or terminate your rights to use the Service (including your Account) if your usage behavior exceeds normal limits, as determined in our sole discretion. 4.3 Modification Learn Prompting reserves the right, at any time without notice or liability, to change or eliminate any content or feature or restrict the use of any portion of the Service. Your only right with respect to any dissatisfaction is to cease use of the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service will be subject to these Terms. 4.4 Availability of Service You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Service, and accordingly, you agree not to hold us liable or make any claims against us for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service may not be available due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Service, or any other delays outside of our control. 4.5 No Support or Maintenance You acknowledge and agree that Learn Prompting will have no obligation to provide you with any support or maintenance in connection with the Service. 5. Payment terms 5.1 Payment Subscription holders agree to pay the monthly, annual, or course fee specified when you purchase a Subscription. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other geographic-specific pricing. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. 5.2 Billing Authorization You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription – your authorizations in this Section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your card on file. 5.3 Third-Party Payment Processors You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you sign up for a Subscription. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received. 5.4 Invoice Payment As a Business Plan subscription holder, if you choose to be invoiced (or choose to have a third-party payment provider or reseller be invoiced on your behalf) your Subscription Fee will be invoiced as of the subscription start date when the Seats are activated (“Start Date”). You hereby agree that the Subscription Fee is due as of the invoice date, payable within thirty (30) days of said date and according to the instructions on the invoice. 6. Termination and Cancellation 6.1 Termination You agree that we may deactivate or terminate your rights to use the Service (including your Account) or terminate your Plan (i) if we believe that you have breached or acted inconsistently with these Terms and (ii) at any time for any reason at our sole discretion if you are a subscription holder under a Free Plan. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that we will not be liable to you or any third party for any deactivation of your Account or termination of your Plan. 6.2 Cancellation Individual Plan Your Individual Plan may be canceled at any time via your user Account settings page or reach out to Learn Prompting Company Support via our contact page. After cancellation, your Individual Plan will remain active to the end of your then-current Individual Term to the extent your Subscription Fee is paid. We will not offer refunds on any fees or charges related to your Individual Plan—this includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of your Individual Term. 6.3 Cancellation Business Plan (a) Cause We or the Business Plan subscription holder may cancel the Business Plan or any Order Form prior to its expiration if the other party breaches these Terms or an Order Form and fails to cure said breach within thirty (30) days after receipt of notice thereof. Except for instances arising from our uncured breach, all Subscription Fees or charges related to your Business Plan are non-refundable and all unpaid fees are due and payable immediately upon cancellation. (b) Convenience A Business Plan may be canceled for convenience at least prior 30 days prior to the expiration of the then-current Business Term by notice to us. After cancellation, your Business Plan will remain active to the end of your then-current Business Term to the extent your Subscription Fee is paid. In the event of any termination for convenience all portions of the Subscription Fee are completely non-refundable. Your obligation to pay fees continues through the end of your Business Term. 6.4 Post-termination or cancellation These Terms will continue in effect until termination or expiration of your Account or Plan. Upon termination or expiration your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Termination or expiration may involve deletion of your User Content associated with your Account. Learn Prompting Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following Sections will remain in effect: 6, 7.1, 8, 10 through 16. 7. Intellectual property 7.1 Ownership Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content, including without limitation any statistical analyses on your data and information resulting from your or your users' use of the Service ("Statistical Data") are owned by Learn Prompting Company or Learn Prompting Company's suppliers ("Proprietary Materials"). For clarity, Learn Prompting Company will only use Statistical Data in an anonymized, deidentified or aggregated form without specifying you as the source of any Statistical Data. Neither these Terms nor your access to the Service transfers to you or any third party any rights, title or interest in or to such Proprietary Materials, except for the limited license in Section 2. Learn Prompting Company and its suppliers reserve all rights not granted in these Terms. The License granted you by these Terms is a right of use and access of the Service through the Site and mobile application only, and does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain courses, including exercise files, slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) a copy of the mobile application for your mobile device solely for your own, personal use. 7.2 Rights We represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms to grant you the License granted hereunder; and (ii) neither the Service, nor the provision or utilization thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party, provided that this clause will not apply to the extent any such infringement, violation, trespass or contravention, breach, or unauthorized use or misappropriation of any intellectual property is caused by a combination of the Service with User Content or any materials, software, devices, or other things that are not under Learn Prompting Company's control. 8. User Content 8.1 User Content User Content means any information and content that a user submits to, or uses with, the Service (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not violate the Restrictions in Section 8.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Learn Prompting Company. Learn Prompting Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. 8.2 License You hereby grant (and represent, warrant and covenant that you have the right to grant) Learn Prompting Company an irrevocable (except where prohibited by law), non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. 8.3 Restrictions (a) You will not use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). (c) You also acknowledge and agree that the Service is not intended to hold any Sensitive Information. You represent and warrant that you will not use our Service to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICE IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION. "Sensitive Information" means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver's license numbers, employment records, physical or mental health condition or information, any information that would classify as "Special Categories of Information" under EU data protection laws, or any other information that would be subject to the US Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI DSS), or other laws, regulations, or industry standards designed to protect similar information. 8.4 Enforcement We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any Restrictions or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 6, and/or reporting you to law enforcement authorities. 8.5 Feedback If you provide Learn Prompting Company with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Learn Prompting Company all rights in such Feedback and agree that Learn Prompting Company will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Learn Prompting Company will treat any Feedback you provide to Learn Prompting Company as non-confidential and non-proprietary. You agree that you will not submit to Learn Prompting Company any information or ideas that you consider to be confidential or proprietary. 9. Third-Party Links & Ads; Other Users 9.1 Third-Party Links & Ads The Service may contain links to third-party websites, content and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Learn Prompting Company, and Learn Prompting Company is not responsible for any Third-Party Links & Ads. Learn Prompting Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. 9.2 Other Users Each Service user is solely responsible for its own User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Learn Prompting Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved. 10. Indemnification You agree to indemnify and hold Learn Prompting Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Learn Prompting Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any indemnifiable matter without our prior written consent. Learn Prompting Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 11. Data Privacy To the extent Learn Prompting Company acts as a "Data Processor" or a "Service Provider" on your company's behalf by processing User Content that is considered "personal data" subject to the General Data Protection Regulation (EU) 2016/679 or that is considered "personal information" subject to the California Consumer Privacy Act, you and Learn Prompting Company will be subject to and comply with the Learn Prompting Company Data Processing Addendum ("DPA"), which is incorporated into and forms an integral part of these Terms. The DPA sets out the parties' obligations with respect to data protection and security when processing your User Content in connection with the Service. 12. Disclaimers EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND LEARN PROMPTING COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 13. Limitation of Liability 13.1 Exclusion of Consequential and Related Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LEARN PROMPTING COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF LEARN PROMPTING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 13.2 Monetary Cap on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNTS PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. 13.3 Independent Allocation of Risk EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY LEARN PROMPTING COMPANY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. 13.4 Prohibition of Limitation of Liability and Disclaimer of Implied Warranties SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION