Last updated: February 26, 2024
These Terms of Use (“Terms”) apply to your access to and use of the websites, applications, features, tools, and other online products and services (collectively, the “Service”), provided by Lectec Inc., Lectec LLC, and its affiliates, subsidiaries, parent, and other related entities (“Lectec” or “we”), including without limitation www.lectec.com and learn.lectec.com. By clicking to indicate your acceptance or otherwise using the Service, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you are not authorized to access or use the Service.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products, or services (“Additional Terms”) from time to time. For example, if we offer any promotions at a live event or in a class where Lectec products or services are featured. To the extent that any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the relevant product, feature, or service.
Eligibility
User Accounts
To access the Service or any features thereof, you must be at least 13 years of age. If you are under 18 years of age or under the age of legal majority where you live (a “Minor User”), you may only use the Service under the supervision of or with the express consent of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a Minor User, you agree to these Terms and acknowledge and agree that you are fully responsible for the acts and omissions of such Minor User.
In order to access the Service, you must create a User account and register on our website or application to access some or all of the Service. A “User” is anyone accessing the Service, and may include without limitation teachers, instructors, Event staff, participants, and any other person who creates a User account. When doing so, you agree to provide accurate account information and to promptly update this information if and when such information changes. You are responsible for safeguarding the security of your account and login details, and you agree that you will promptly notify us if you discover or suspect that someone has accessed your account without your authorization. You are prohibited from permitting any other party from using your account to access or use the Service or any feature thereof. If you allow others to access the Service through your account, we reserve the right to terminate your account and you will be responsible for any and all activities of such parties. We reserve the right to reclaim User names on behalf of any third party that may hold legal claim to such names or names that are substantially similar to the names to which they hold rights, including without limitation trademark rights relating to such names.
Terms of Sale
a. Availability and Pricing. All products offered for sale on or through the Service are subject to availability. We reserve the right to limit the quantity of any order or to reject all or any part of an order with or without prior notice. We also reserve the right to increase or decrease the price of any product or service on our Service at any time provided that any such change will not affect any order that you have already placed for any product or service.
b. Taxes. You are responsible for any and all applicable sales, use, duty, customs, and other taxes, levies, and fees (“Taxes”) that may be due in relation to your purchase of any product or service on or through the Service. We may collect certain applicable Taxes if we determine in our sole discretion that we have a duty to collect such Taxes. We will endeavor to present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a particular purchase price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout due to a variety of factors which may include without limitation variances between processor programs and changes in tax rates. You acknowledge and understand that you may have a duty to directly report and pay Taxes in cases where we do not collect such Taxes, and you understand that we are not required to, and do not, collect Taxes in all states.
c. Payment. We reserve the right to accept only valid payment methods that are acceptable to us in our sole and absolute discretion to complete a purchase via the Service. You represent and warrant that you are authorized to use the payment method that you designated in your account and/or that you entered at the time of purchase. You authorize us to charge your designated payment method for the total amount of your order (including any shipping and handling charges and any applicable taxes). If any of the products or services in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products or services that are provided to you.
d. Shipping; Risk of Loss. You agree to pay all shipping and handling charges displayed at the time of your purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges at any time provided that we will provide appropriate notice of any changes that apply to your order before you complete your purchase. Any delivery dates, times, or tracking details relating thereto, displayed during the checkout process are estimates only and are not guaranteed. Unless otherwise stated by us in writing via the Service, you assume all risk of loss or damage to any product that you order on or through the Service upon delivery of the product to our designated carrier.
e. Returns. Please see our Return Policy for information about returning products purchased via the Service.
f. Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
g. Limited Warranty for Lectec Products. Certain of the products sold via the Service are manufactured by or for Lectec (“Lectec Products”) and may be subject to a limited warranty provided by Lectec. If your Lectec Product is subject to a limited warranty, the limited warranty for your Lectec Product outlines your exclusive remedies and the procedures to make a warranty claim. If your Lectec Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” This means that you bear the entire risk as to the quality, integrity, safety, and performance of such Lectec product. If the Lectec Product has any defect, you assume the entire cost and liability of any repair or replacement relating thereto.
Limited License
The Service, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, are owned by or licensed to Lectec, and are protected under the laws of the United States and the laws of foreign jurisdictions. Except as explicitly stated in these Terms, Lectec and our licensors reserve all rights in and to the Service. Lectec grants you a limited, nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for your own personal use; provided that such license does not include the right to (a) lease, sublicense, sell, or resell any aspect of the Service to any third party or otherwise use the Service for any commercial purpose; (b) copy, reproduce, distribute, reverse engineer, publicly perform or publicly display any aspect of the Service, except as expressly permitted by us or our licensors; (c) modify the Service, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service; or (d) use the Service other than for its intended purposes. Any use of the Service other than as specifically authorized by us as set forth herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
User Content
The Service may allow you and other Users to create, post, store, or share content, including messages, text, product reviews, images, photos, videos, audio, and other materials (collectively, "User Content"). Except for the license you grant below and except for content that depicts or relates to Lectec products or the Service itself, you retain all rights in and to your User Content. You grant Lectec a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Service and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
Prohibited Content
You may not create, post, store or share any User Content that:
• is or may be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading, offensive, or fraudulent;
• may constitute, encourage, promote, or provide directions for a criminal offense;
• May violate the rights of any party, violate any law or regulation, or otherwise create liability of any kind;
• Infringes or impairs the intellectual property right of any party, including without limitation any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Impersonates, disparages, or demeans any person or entity, or which misrepresents your affiliation with any person or entity;
• Fails to clearly and prominently disclose any material connections you may have with Lectec, if any, or any third party such as in connection with a product review;
• Depicts, includes, links to, or contains any unsolicited promotions, political campaign, advertisement, or solicitation;
• Contains any private or personal information of any third party without that third party’s express written consent;
• Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
• Is, in our sole and absolute judgment and discretion, objectionable or which restricts, impairs, or inhibits any other person from using or enjoying the Service or our products, or which may expose Lectec or others to any harm or liability of any type.
Hyperlinks
You may create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray Lectec or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner and provided that the linked site does not contain any adult, illicit, offensive, or illegal material or any material that is harassing or otherwise objectionable. This permission is limited and we reserve the right to revoke it at any time at our sole and absolute discretion. You will not use the Lectec logo or any other proprietary graphic or image of Lectec to link to the Service without our express written permission.
Third-Party Content
Lectec may from time to time provide third-party content on or through the Service, which may include User Content, and may provide links to web pages, applications, and/or content of third parties (collectively, “Third-Party Content”). Lectec is not responsible for and does not endorse, promote, or adopt any Third-Party Content and makes no guarantee as to such content’s accuracy, veracity, or completeness. Lectec does not, and has no obligation to, create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content in any way whatsoever. You are responsible for determining if you want to access or use any Third-Party Content that may link from or to the Service, or which may be otherwise accessible from or through the Service. Your correspondence or business dealings with, participation in promotions of, and personal and commercial interactions with any advertisers encountered on or through the Service are solely between you and such advertiser, influencer, promoter, or content provider. Your access and/or use of any Third-Party Content, including any materials, products, promotions, or services on or available through any third party site, is solely at your own risk, and Lectec bears no responsibility in relation to the same.
Text Message
By opting to receive text messages from us, including without limitation via SMS and MMS, you agree to receive automated promotions and personalized marketing texts to the mobile telephone number that you provided in your account details and/or when signing up or at any other phone number that you designated or provided to us. Your consent to receive automated marketing text messages from us is not a condition or precondition of any purchase on or through the Service. You understand and acknowledge that message and data rates may apply to any such text messages.
Lectec reserves the right to change the phone number or short code from which it sends messages.
Note that not all mobile devices may be supported and our text messages may not be deliverable in all areas or by all mobile carriers or service providers. Lectec, its service providers and vendors, and the mobile carriers supported by the program are not liable for any delayed or undelivered messages.
Text Message Cancellation / Opt-Out
To stop receiving text messages from Lectec, please send a reply text saying any of the following STOP, END, CANCEL, UNSUBSCRIBE or QUIT (“Unsubscribe Keywords”) in response to any text message you receive from us. You will then receive a message from us confirming that your request has been received and/or processed. Our text message platform may not recognize or respond to unsubscribe requests that do not include one of the Unsubscribe Keywords. Neither Lectec nor our service providers will have any liability for failing to honor unsubscribe requests that do not include at least one of the Unsubscribe Keywords. If you unsubscribe from one of Lectec’s text message programs, you may continue to receive text messages from Lectec through any of the other programs that you have joined until you separately unsubscribe from those programs.
Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Lectec, the Service, or our other products or services (collectively, “Feedback”), is not confidential and Lectec will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, whether commercial, promotional, or otherwise, without your acknowledgment or authorization and without any obligation to compensate you for or in connection with such use.
Copyright Complaints
We have a strict policy against the infringement of intellectual property rights on or through the Service. Lectec reserves the right to limit access to our products and services, including the Service, and may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe that anything posted on or accessed through the Service infringes any copyright that you own or control, please notify Lectec at the following address:
Address: Lectec, Attn: Legal, 230 Park Ave, 3rd Floor West, New York, NY, 10003
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper copyright infringement notification. Also, please note that you may be liable to Lectec for certain costs and damages if you knowingly or intentionally misrepresent that any activity or material on the Service is infringing.
Indemnification
To the fullest extent permitted by applicable law, you agree that you will indemnify, defend, and hold harmless Lectec, our affiliates, parent, subsidiaries, and otherwise related entities, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “Lectec Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to (a) your access to or use of the Service or our other products or services, including without limitation your conduct in connection with the Service; (b) your User Content or Feedback; (c) any violation of these Terms by you; or (d) any violation, misappropriation or infringement of any rights of another party (including without limitation intellectual property rights or privacy rights) by you. You agree to promptly notify Lectec Parties of any third-party Claim, cooperate with Lectec Parties in defending any such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, without limitation attorneys' fees). You also agree that Lectec Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Lectec Parties.
Disclaimers
We do not control, endorse, promote, or take responsibility for any Third-Party Content available via or accessible through the Service. Your use of the Service is solely at your own risk. Except as otherwise provided in these Terms (including without limitation any limited warranty applicable to a Lectec Product), the Service and the products purchased on or through the Service are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if Lectec provides an express limited warranty for a Lectec Product, the implied warranties are limited to the term of that limited warranty. In addition, Lectec does not represent or warrant that the Service is accurate, complete, reliable, current, or error-free. While Lectec attempts to make your access to and use of the Service as safe as possible, we cannot and do not represent or warrant that the Service or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality, safety, and performance of the Service and the products you purchase via the Service.
Limitation of Liability
a. The Lectec Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages arising out of or in any way related to these Terms or the Service (including the products purchased via the Service), even if Lectec or the other Lectec Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you if you are resident in any such jurisdiction.
b. The total liability of the Lectec Parties for any claim arising out of or relating to any product purchased via the Service will not exceed the greater of $100 or the purchase price of that product. For all other claims arising out of or relating to these Terms or the Service, the total liability of Lectec Parties is strictly limited to $100.
c. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Service or for the gross negligence, fraud, or intentional, willful, or reckless misconduct of the Lectec Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
Release
To the fullest extent permitted by applicable law, you release Lectec Parties from all responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, in connection with, or related to disputes between Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to the release contained in this Section
Governing Law and Dispute Resolution
a. Governing Law: These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
b. Dispute Resolution - Small Claims Court: For any claim that is within the scope of the small claims court's jurisdiction, you may bring such claim in the small claims court of New York County, New York.
c. Dispute Resolution - Arbitration: Any dispute, claim, or controversy between the parties that is not subject to the small claims court will be determined by arbitration. The arbitration will be administered by JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitration will be held in New York County, New York, and will be conducted in the English language. The decision of the arbitrator will be final and binding.
Export Compliance
All or part of the Service or the products purchased via the Service may be subject to U.S. export control, customs, or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of the Service and the products purchased via the Service. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed as a Specially Designated National by the Office of Foreign Assets Control (OFAC), nor are you listed on any U.S. Government list of prohibited or restricted parties.
Government Users
This Section is only applicable if you represent or act on behalf of a U.S. government agency. If any software associated with the Service (including without limitation our mobile applications) is procured by any U.S. government agency, such agency must recognize that: (a) the obtained software is classified as "commercial computer software" or "commercial computer software documentation" as defined under 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) the agency's rights pertaining to the software are strictly limited to those explicitly outlined in these Terms
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service or to discontinue all or any part of the Service. We are not responsible for any loss or harm related to any inability to access or use the Service by you or any other party.
Miscellaneous
Should any clause or part of a clause in these Terms be deemed illegal, null, or unenforceable, that clause or part of the clause will be considered severable from these Terms. This does not impact the legality and enforceability of the remaining clauses. These Terms, along with any other applicable Additional Terms, form the complete agreement between you and Lectec regarding your access to and use of our Service. The non-enforcement or non-exercise of any right or clause in these Terms does not imply a waiver of that right or clause. The titles in these Terms are only for reference and have no bearing on the legal or contractual implications. Unless stated otherwise, these Terms are designed solely for the benefit of the parties involved and do not bestow rights upon any third-party beneficiaries. You consent to engaging in electronic communications and transactions with us.
Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or posting the amended Terms to the Service and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Service.
Contact
If you have any questions or concerns regarding the Service or these Terms, please contact Lectec at: Lectec Inc., Attn: Legal, 230 Park Ave, 3rd Floor West, New York, NY, 10003
