Agreement between user and www.learnkernel.com

Website Terms and Conditions of Use Relating to www.learnkernel.com These Terms and Conditions ( "the Terms and Conditions") govern your ("the user") use of the parent Licensor Company Potter Development [parent] to their umbrella company Learn Kernel ("provider") website located at www.learnkernel.com. By accessing and using the website, the user may not access, display, use, download and/or otherwise copy/distribute content obtained on the website for marketing and other purpose without the consent of the provider. Electronic Communication By using this website or communicating with the provider by any electronic means, this includes but is not limited to emailing for media related purpose or signing up for one of our newsletters per listed on the site, the user consents and acknowledges that any and all agreements, notices, disclosures or any other communication satisfies any legal requirement, including but not limited to the requirement that such communication should be in writing.

 

Welcome to www.learnkernel.com. The Learn Kernel website (the “Site”) is comprised of various web pages operated by the Learn Kernel Team. www.learnkernel.com is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”).  Your use of the www.learnkernel.com contributes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.learnkernel is a for-profit site.

The purpose of Learn Kernel is to facilitate the Learn Kernel deice (Learn kernel is an innovative rechargeable, device that makes access to information easier) for our customers to solve the problems of the educational divide, affordability, and lack of internet. This will allow for all individuals to have equal access to information.

Under privacy

 

Data Protection and Privacy Policy:

Version May 2021

 

Privacy

Your use of www.learnkernel.com is subject to Learn kernel’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communication

Visiting www.learnkernel.com or sending emails to Learn Kernel constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and o the Site, satisfy any legal requirement for such communication in writing.

 

 

Potter Development Corporation ( POTTER, “We”, and “Us”) may process information relating to you (including personal data as defined under the data protection act 2020), including holding such information in a manual format or electronic database, to satisfy contractual, regulatory or statutory requirements we may have. Unless we receive specific written instructions to the contrary you agree that we may process this information to fulfill such obligations.

 

Privacy Policy Introduction-

Protecting the security and privacy of your personal information is important to us and to the way we conduct our business in compliance with laws on privacy, data protection and data security. The purpose of this policy is to outline what information we may collect, how we use and safeguard information and whom we may share it.

 

At POTTER, we are committed to maintaining the highest standards of integrity in our business. In conducting our business, it is necessary to obtain, handle, process, disclose, transfer and store information about our clients. We take these activities seriously and seek to provide fair, secure and appropriate methods, that are consistent with both generally accepted privacy ethics and standard business practices, when carrying them out.

 

If you have any questions or comments about POTTER’s Data Protection and Privacy Policy, please contact our customer support team via details on our website.

 

Personally Identifiable Information

The website does not collect personally identifiable information (“personal information”)), absent your permission. Permission is automatically granted upon registration, email inquiry, responding to a survey, accessing a newsletter or other information from our website, and similar actions.

By accessing the website, any personal information collected may be used as described below.

How does POTTER use your information:

                                                                                                                                         

·        To confirm your identity

·        To maintain personal profile

·        To manage  your account and keep you updated on all matters that concern your account

·        To provide services to you that you have requested including processing transactions

·        To contact you when necessary or appropriate in relation to the services being provided to you

·        To the transfer of personal information outside of an American Economic Area in connection with receiving services or as otherwise necessitated by stature, law or other obligation.

 

Cancellation/ Refund Policy

Thanks for Purchasing our products at www.learnkernel.com. Due to the nature of our business and the products we sell, if one of our products arrived damaged, please contact us right away and we will be happy to send you a free replacement regardless of its expiration date.

 

From the date of purchase their will be a 365 calendar day warranty guarantee on your hard case Learn Kernel card.

 

If the Learn kernel device(s) become damaged due to negligence, tampering or purposefully destruction no refund or warranty will be covered for replacement. To return a broken or unusable learn kernel send it in the envelope it came with or the return address on site.

 

If anything is unclear or you have more questions, feel free to contact our customer support team.

 

 

Links to Third Party Sites/ Third Party Services

www.learnkernel.com may contain links to other websites (“ Linked Sites”). The Link Sites are not under control of Learn Kernel and Learn kernel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changed or updated to a Linked Sites. Learn Kernel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Learn kernel of the site or any association with its operators.

 

Certain services made available via www.learnkernel.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.learnkernel.com domain, you Herby acknowledge and consent that Learn kernel may share such information and data with any third party whom Learn kernel has a contractual relationship to provide the requested products, service or functionality on behalf of www.learnkernel.co users and customers.

 

 

No Unlawful or Prohibited Use/ Intellectual Property

 You are granted a non-exclusive, non-transferable, revocable licensee to access and use the www.learnkernel.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Learn Kernel that you will not use the Site for purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, image as well as the compilation thereof, an any software used on the Site, is in the property of Learn Kernel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends and other restrictions contained in any such content and will not make any changed thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Learn Kernel content is not for resale. Your use of the Site dose not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Learn Kernel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you ant licenses, express or implied, to the intellectual property of Learn Kernel or our licensor expect as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated, and administered by Learn kernel from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Learn Kernel Content accessed through www.learnkernel.co in any country or in in manner prohibited by an applicable laws, restrictions, and regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Learn kernel, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to or arising out of your use or inability to use the Site or services, any users postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or a violation of any applicable laws, rules or regulations. Learn Kernel reserves the right, at its own cost to assure the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with Learn kernel in asserting any available defense.

 

Arbitration

In the even the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the even that any legal and equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover is costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly; including Tort claims that are a result of the Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretations and enforcement of thus provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBERS IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both of you and Learn kernel agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEARN KERNEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

LEARN KERNEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANT OR CONDITION OF ANY KIND, UNLESS YOU HAVE RECEIVED AN AUTHENTIC “ FOR PURCHASE” HARD CASE LEARN KERNEL DEVICE. LEARN KERNEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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

 

Termination/ Access Restriction

Learn Kernel reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effects to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, r agency relationship exists between you and Learn Kernel as a result of this agreement or use of the Site. Learn kernel’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Learn Kernel’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Learn Kernel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Learn Kernel with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the use and Learn Kernel with respect to the Sie. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes in Terms

 

Learn Kernel reserves the right, in its sole discretion, to change the Term sunder which www.learnkernel.com is offered. The most current version of the Terms will supersede all previous versions. Learn kernel encourages you to periodically review the Terms to stay informed of our updates.

 

Contact US

Learn Kernel welcomes tour questions or comments regarding the Terms:

 

Learn Kernel  ( Potter Development Corp.)

 

1715 Indian Wood Circle

Suite 200

Maumee, Ohio  43537

 

Email Address:

info@potterdev.com

 

Telephone number:

+1 (419) 740-8669

 

Effective as of June 10, 2021