This agreement (“the terms”), a legally binding contract, sets forth terms and conditions for usage of Leadership in Action LMS (“Platform or “the service.” “), a learning management system, which is a product of Leadership in Action (‘LIA”)
When you agree to these terms and sign up for an account (or have an account granted to you as defined below), you are granted a perpetual, revocable (see section 12, Termination), non-exclusive right to use the service, under the limitations set forth in this agreement and, in particular, section 5, Acceptable Use.
As a user, you agree that you will safeguard the password you use to gain access to the service (“your password”), and that you will not share it with any other person, online service, or company or corporation. You further agree not to share your password with any representative of the service or the company and, if any person claims to be such a representative and asks for your password, you agree to notify the company immediately.
When you create an account on the service (or have one created for you), certain information is collected from you and stored as part of your account.
This information includes, but is not limited to, your full legal name, and your valid and current email address (which, by providing, you permit us to send certain content to, for marketing and account security).
When you enter into a contract with the company, you provide certain information, including, but not limited to, the institution’s legal name, most recent official and accurate student enrollment count, and number of teachers on payroll, along with information about the institution’s representative, including (but not limited to) their legal name, title, email and phone number, and signature.
You agree that you shall not:
Use the service to violate or attempt to violate the legal rights of any other person, in any way, shape, or form;
Search for or exploit any security or technical vulnerabilities in the service, or the service’s network, or attempt to do so;
Modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the service, except to the extent which is expressly allowed by law;
Disrupt or attempt to disrupt the service’s performance;
Breach any security measures in place or obtain unauthorized access to the service, or attempt to do so;
Create accounts on the service in bulk, using an API, or using any method except the Platform Signup Page (at platformlms.org/signup) (Institutions currently in a contract for use of the service, as well as the company’s identity partners, are exempted from this provision);
Impersonate the service or the company, in any way, shape, or form;
Use the service to promote other products or services, not related to the company;
Introduce or attempt to introduce viruses, vulnerabilities, etc. into the service;
Sell or resell the service, or attempt to do so; or
Use the service to violate any applicable local, state, or federal law.
Third Party Websites
The service may contain links to websites not owned or operated by the company (“third party websites”). You acknowledge that the company is not responsible for third party websites, and is not liable for any content contained on such websites.
Any intellectual property relating to the service, including, but not limited to, images, logos, source code, documentation, marketing resources, designs, and concepts, where copyrightable (“the property”, “IP”) are sole and exclusive property of the company, Leadership in Action . Use of such property without express written permission shall be forbidden. No provision of these terms may be construed to represent any implied right to use the property, for any purpose.
The company shall not be held liable for any delay in performing or failure to perform any obligation herein due to causes beyond its control, including, but not limited to, war, civil commotion, terrorist activity, fire, industrial disputes of any nature, acts of nature, crimes of any kind, epidemics or pandemics, errors of third party vendors or suppliers, equipment failures, telecommunication failures, or system malfunctions.
If any tenet or provision of this agreement is breached or violated, in any way, the company reserves the right to cease providing you with the service, with or without notice. For some provisions, a warning may be provided first. For others, the company may initiate a lawsuit for breach of contract, an action which the company reserves the right to do for any violation, in its sole discretion. For violations of intellectual property, the company may additionally send a cease and desist letter.
This agreement may be superseded by other agreements you have signed with Leadership In Action relating to the service. If you are an institution and have a contract with LIA on file, you agree to these terms as part of that contract, and that contract supersedes this agreement, in all cases. This agreement will always be subject to the laws of the Republic of Sri Lanka and may be superseded by the laws of your country of residence.
You retain the irrevocable, perpetual right to cease using the service, at any time, with or without notifying the company. Institutions with year-long contracts with the company are excluded from this right. If you stop using the service, you may contact the company and request your account be removed. If you do so, the company agrees to, within a reasonable amount of time, not to exceed one (1) month, permanently remove your account, and all information associated with it, from our servers. The company reserves the right to cease providing the service either as a whole or to any user, individually, at any time. In such a circumstance, the company may provide reasonable refunds (based on the amount of time left in the contract), if applicable.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED “AS IS.” THE COMPANY AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE COMPANY, NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU ACCESS, OR OTHERWISE OBTAIN CONTENT THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, AS WELL AS ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICE; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE COMPANY SHALL NOT BE LIABLE FOR THE LOSS OR FAILURE TO STORE YOUR CONTENT.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY EXCEED THE GREATER OF FIFTY UNITED STATES’ DOLLARS ($50.00 USD) OR THE AMOUNT YOU PAID FOR THE SERVICE, IF EXISTANT.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
IF YOU LIVE IN A JURISDICTION WHERE ANY PORTION OF THE ABOVE LIMITATION IS NOT PERMITTED, THAT PORTION SHALL BE NULL AND VOID, FOR YOU. IF YOUR JURISDICTION AFFORDS YOU OTHER RIGHTS, THIS AGREEMENT SHALL NOT PREVENT YOU FROM EXERCISING SUCH A RIGHT.
You agree to indemnify and hold harmless the company, its contractors, its providers, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the service, including but not limited to your violation of this agreement or any agreement with a provider of third-party services used in connection with the service, or your content.
This agreement and your use of the service shall be interpreted, controlled, and construed by the laws and courts of the Republic of Sri Lanka . Courts located in Sri Lanka shall have exclusive jurisdiction for any litigation arising out of this agreement.
If any section, provision, or tenet of this agreement is found contrary to law, the rest of this agreement shall remain in full force and effect. You may not assign or attempt to assign your rights, under this agreement, to a third party. The company may assign any of its rights, under this agreement, to any of its affiliates or subsidiaries. The company’s failure to enforce any of the provisions or tenets of this agreement is not a waiver of its right to do so later.
The company reserves the right to modify these terms and this agreement in any way, shape, or form, at any time, and for any reason, with or without notice. If this agreement is modified, the new version shall not take effect for 30 (thirty) days. You accept responsibility to intermittently check the posted terms for changes (which will be indicated by a change to the effective date), as your consent and agreement is always to the most recent version.
These terms are hereby agreed (in the manner defined above), between you (as defined in this agreement and, particularly, in section 3, Your Responsibilities) and the company, defined below.
Leadership in Action Pvt Ltd
Our address: 70/3, 3rd Lane, South Circular Road, 60000, LKA