Thank you for your purchase from LEARNITBYEAR.COM (the “Company”). LEARNITBYEAR.COM provides the content to you subject to the following terms and conditions (“Terms and Conditions” or “Agreement”).  Please review these policies carefully as they are the terms of sale that govern your purchases at LearnItByEar.com, and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in LearnItByEar.com’s product warranties.

Basically, you may not lend, share, broadcast, or give our content, in any form, to anybody for any reason. This content is only for your personal use.

By accessing or using Company products, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, including our Privacy Policy. You accept that this is a legally binding electronic contract between you and LearnItByEar.com, LLC, (referred to hereinafter as “LearnItByEar.com”, “Site”, “us”, “we” or similar connotation) and you agree to periodically check for, and be bound by, any future modifications to the Terms and Conditions.

If you do not agree with the Terms and Conditions, then you may not use any of our products.

These Terms and Conditions were last updated on July 17, 2010.

1. Privacy
Please review our Privacy Policy http://www.learnitbyear.com/privacy-policy, which also governs your visit to the Company website, so that you may understand our privacy practices.

2. Purchase Related, Return, and Refund Policies
The products and services available on the Site, and any samples thereof we may provide to you, or that you download are for personal use only. You may not duplicate, sell, or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Please note, courses offered and sold on this Company and the material contained within them are not intended to serve as a substitute for your primary learning sources (text, lectures, study guides, etc.)  Information contained in our products is not advice.  You acknowledge that any reliance on any information from the materials contained in any of our courses shall be at your own risk and for use for study and informational purposes only.

LearnItByEar.com does not permit the return of or offer refunds for Electronic Software Downloads.  To learn about LearnItByEar.com’s Satisfaction Guarantee, return, and refund policy, please visit the Guarantee page of our website.  Please note there may be limitations on your right to return and obtain a refund for products.

3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.

4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the arrangement, selection, and compilation thereof (collectively, the “Content”) is property that is either owned or controlled by LearnItByEar.com, LLC, our affiliates, partners or licensors, and is protected by United States and international copyright, and other applicable intellectual property laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered or common law marks of LearnItByEar.com, LLC, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

5. Limited Licenses
Subject to your full compliance with the Terms and Conditions, we grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to LATHER, our affiliates, partners or licensors.

7. Your Account
You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in LEARNITBYEAR.COM’S best interests to do so.

8. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by LEARNITBYEAR.COM, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Company, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

9. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.  Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

10. Representations and Warranties; Disclaimers; Limitation of Liability
YOU REPRESENT AND WARRANT TO US THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT AND THAT ALL INFORMATION SUBMITTED BY YOU TO THIS SITE IS TRUE AND ACCURATE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE SITE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSION IN SUCH CONTENT. WE DO NOT REPRESENT OR WARRANT THAT USE OF THE SITE CONTENT, WHEN AUTHORIZED, WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. THIRD PARTIES MAY PROVIDE SOME OF THE SITE CONTENT. WE DO NOT GUARANTEE THE ACCURACY, THE INTEGRITY, OR THE QUALITY OF CONTENT PROVIDED BY THIRD PARTIES. NEITHER WE, NOR ANY OF OUR AFFILIATED OR RELATED COMPANIES, OR ANY OF OUR/ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE OR ITS CONTENT WHATSOEVER. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. UNAUTHORIZED ACCESS TO THE SITE IS A BREACH OF THE TERMS AND CONDITIONS AND A VIOLATION OF THE LAW.

WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.  FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LEARNITBYEAR.COM HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE LEARNITBYEAR.COM SERVICE. IN NO EVENT SHALL LEARNITBYEAR.COM HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR LEARNITBYEAR.COM ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY LEARNITBYEAR.COM CONTENT. SUBJECT TO THE AVAILABILITY OF THE LEARNITBYEAR.COM CONTENT AND LEARNITBYEAR.COM’S LIMITED EXPRESS WARRANTY HEREIN, LEARNITBYEAR.COM IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE LEARNITBYEAR.COM CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE LEARNITBYEAR.COM SERVICE.  WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL LEARNITBYEAR.COM OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE LEARNITBYEAR.COM ACCOUNT(S), LEARNITBYEAR.COM SOFTWARE, LEARNITBYEAR.COM CONTENT OR THE LEARNITBYEAR.COM SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

11. Indemnification
You agree to defend, indemnify and hold LEARNITBYEAR.COM and each of its respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, arising from or related to any allegation regarding any violation of the Terms and Conditions by you.

12. Dispute Resolution
With respect to any dispute regarding the Site and any of our Products or Services, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.  Any controversy of claim relating to this agreement shall first be mediated in good faith before a mutually agreed upon mediator.  If the dispute cannot be resolved through mediation, it shall be submitted to a mutually agreed upon arbitrator.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  Either mediation or arbitration shall take place in Los Angeles, California and the arbitrator shall not have the authority to award punitive damages against either party to this agreement.

13. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact us using the contact form located on this Site.

14. Electronic Downloadable Content

If you have a LearnItByEar.com identity, you can select downloadable electronic content products for purchase at the LearnItByEar.com Store. At the time of checkout, LearnItByEar.com will obtain an authorization from the credit card you have provided the LearnItByEar.com Store. Once LearnItByEar.com receives confirmation of the credit card authorization, LearnItByEar.com will email you a link so you can begin downloading the electronic downloadable content you purchased.

If the transmission is interrupted in any way during the download process, you can use your LearnItByEar.com ID and password to begin the downloading process again. LearnItByEar.com will send you an email acknowledgment and receipt of your purchase.

Please read our product information for Electronic Downloadable Content and LearnItByEar.com’s Return and Refund Policy carefully, as software download purchases are non-refundable.

LearnItByEar.com will charge sales tax for downloaded electronic content purchases from California residents.

Purchased LearnItByEar.com Content will generally continue to be available in your “Downloads” folder, but may become unavailable due to potential content provider licensing restrictions and for other reasons and LearnItByEar.com will not be liable to you if LearnItByEar.com Content becomes unavailable for further download. Accordingly, we encourage you to make back-up copies of purchased LearnItByEar.com Content.

15. Use of Content

You may make copies of Downloaded Electronic Content from LearnItByEar.com for your own personal use on any audio player you own (including making CDs.)  You may not however, share the Content (in whatever form you keep it in) with anybody else – ever.

16. Proof of Purchase

LearnItByEar.com will send you a confirmation of your order via email.

17. Payment Methods

LearnItByEar.com allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order.

You may pay by credit, debit, or check card. When you provide LearnItByEar.com with your card information, LearnItByEar.com will obtain a pre-approval from the card Site for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. LearnItByEar.com will not bill your credit card or process a transaction under your debit or check card until your order ships or prior to download. The LearnItByEar.com Store accepts various credit, debit, or check cards associated with a billing address within the United States and most United States territories.  Debit cards and check cards have daily spending limits that may substantially delay the processing of your order.

The LearnItByEar.com Store requires the credit, debit, or check card security code for your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard, or Discover).

18. Prices

The LearnItByEar.com Store endeavors to offer you competitive prices on current LearnItByEar.com products, selected Sale and third-party products.  Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges.  LearnItByEar.com reserves the right to change prices for products displayed at the LearnItByEar.com Store at any time and particularly to correct pricing errors that appear on the Store.

Should LearnItByEar.com reduce its price on any shipped product within 14 calendar days of shipment, you may contact LearnItByEar.com Store Customer Service at sales@learnitbyear.com to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact LearnItByEar.com within 14 calendar days of the price change.

19. Product Availability

LearnItByEar.com makes every effort to ship your product according to the estimated lead times provided by the LearnItByEar.com Store at checkout. The estimated lead times are in business days (Monday through Friday, excluding federal holidays.)  Lead times quoted on the checkout page are for orders that are partially shipped, meaning that items ship as soon as they are available. If you have requested a complete shipment, please add three to four additional days for transportation and order consolidation processing.

Although LearnItByEar.com makes every effort to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes, LearnItByEar.com will contact you via email and provide a revised shipping estimate.

LearnItByEar.com encourages you to contact LearnItByEar.com Store Customer Service for order status information or visit LearnItByEar.com.

20. Product Warranty

By purchasing at the LearnItByEar.com Store, you acknowledge that you have had an opportunity to review LearnItByEar.com’s warranty terms, have done so to the degree you need, to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

21. Other Terms and Conditions

You hereby acknowledge and agree to the following:

  1. LearnItByEar.com is not responsible for typographical errors. LearnItByEar.com reserves the right to cancel any order you have placed if there was a typographical error on the LearnItByEar.com Store concerning the pricing or availability of any item you ordered when you placed the order.
  1. LearnItByEar.com reserves the right to change the terms and conditions of sale at the LearnItByEar.com Store at any time.
  1. LearnItByEar.com may make changes to any products or services offered at the LearnItByEar.com Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the LearnItByEar.com Store with respect to products and services may be out of date, and LearnItByEar.com makes no commitment to update the information provided at the LearnItByEar.com Store with respect to such products and services.
  1. LearnItByEar.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the LearnItByEar.com Store, or to any portion of the LearnItByEar.com Store, for any reason; (2) to modify or change the LearnItByEar.com Store, or any portion of the LearnItByEar.com Store, and any applicable policies or terms; and (3) to interrupt the operation of the LearnItByEar.com Store, or any portion of the LearnItByEar.com Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  1. To the extent permitted by law, all sales at the LearnItByEar.com Store are governed by California law, without giving effect to its conflict of law provisions.
  1. No LearnItByEar.com employee or agent has the authority to vary any of the LearnItByEar.com Store’s policies or the terms and conditions governing any sale.
  1. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
  1. LearnItByEar.com’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by LearnItByEar.com of any provision or any right it has to enforce these policies, nor shall any course of conduct between LearnItByEar.com and you or any other party be deemed to modify any provision of these policies.
  1. These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.

10.  The LearnItByEar.com Store provides access to LearnItByEar.com international data and, therefore, may contain references or cross references to LearnItByEar.com products, programs and services that are not announced in your country. Such reference does not imply that LearnItByEar.com in your country intends to announce such products, programs or services.

11.  This Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper or is prohibited. You may not use this Site or export the Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.

12.  Unauthorized access to the Site is a breach of the Terms and Conditions, and a violation of the law. You shall not decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site, insert any code or product or manipulate the Content in any way that affects a user’s experience, or assist any third party to engage in such activities.

13.  If you violate the Terms and Conditions that your registration may be cancelled and LeanItByEar.com, LLC shall have no further obligation to you.

22. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information (see 17 U.S.C. 512(c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Our designated agent for notice for claims of copyright infringement can be reached as follows:

Richard B. Jefferson, Esq.

Metal Law Group, LLP

Designated Agent for LearnItByEar.com, LLC

5757 Wilshire Boulevard, Penthouse Three

Los Angeles, CA 90036

richardjefferson@metallawgroup.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING LEARNITBYEAR.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL TO support@learnitbyear.com.

Counter-Notice. If you believe that the alleged infringing materials that were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post such, you may send a counter-notice containing the following information to the Copyright Agent:

1.            Your physical or electronic signature;

2.            Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3.            A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

4.            Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, LearnItByEar.com, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LearnItByEar, LLC’s sole discretion.

23. WEBSITE PURPOSE.

This Site is for entertainment purposes only. None of the advice, opinions, or other information contained on the Site shall constitute legal, medical, business, or any other professional advice whatsoever.

PRIVACY POLICY STATEMENT

LearnItByEar.com must collect certain personal information to set up your account with us, but please know that we take your privacy seriously. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Site that you were viewing when you clicked through to this policy, which we directly operate.

What Information Do We Collect?

There is very little Information needed from you to set up an account with us. We may ask for additional Information from time to time but that will be voluntary.

What is LearnItByEar.com’s Practice Regarding Cookies?

Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to our Site. You do not need to have cookies turned on to visit our Site. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information, in which case we use the information to enhance your services (i.e., keep count of return visits, save your password so you do not have to re-enter it each time you visit our Site).  By adjusting your settings on your browser, you may elect not to allow cookies to be collected.

What About Information Regarding Children?

We comply with all applicable laws and regulations, including the Children’s Online Privacy Protection Act (COPPA), which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13. If we discover we have received any information from a child under 13 in violation of the law, we will delete that information immediately. If you believe that we have any information from or about anyone under 13, please contact us.

Do You Monitor Online Behavior?

Our users may communicate with each other through various tools on our Website. While we do not, as a rule, moderate or monitor private exchanges, we reserve the right to do so if we suspect users of being under the age of majority or of using our Website for the purpose of solicitation or any other violation of our Terms of Use.  We reserve the right to edit, delete, remove or not use any communication on an area of the Web Site.

Other Information Collectors:

Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Site (including links to third party Sites) or on other Sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we may have third party advertisers or have third party e-commerce partners, they adhere to their own privacy policies. Since we do not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.

Financial Information:

Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of services and/or products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Site, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies, data processing companies and banking institutions used to process and support your transaction or activity.

Questions, Comments:

Questions regarding this privacy statement or any other aspects of the Web Site should be sent to support@learnitbyear.com.