- INTRODUCTION
Welcome to LearnHopp LMS (“LearnHopp,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the LearnHopp learning management system website, mobile applications, and services (collectively, the “Service”) designed for training Healthcare Support Workers, including but not limited to Direct Support Professionals, Homecare Workers, Caregivers, Adult Daycare Workers, Home Health Aides, Personal Care Assistants, Agency Administrative Staff, and other individuals providing care or support services in healthcare, residential, community, or home-based settings.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
- DEFINITIONS
- “Account”: Your registered account on the LearnHopp platform.
- “Content”: All materials, information, data, text, images, videos, audio, or other materials that appear on or are available through the Service.
- “User”: Any individual who accesses or uses the Service, including learners, instructors, administrators, and other authorized personnel.
- “Training Materials”: All courses, lessons, assessments, certifications, and other educational content available through the Service.
- ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding the password and credentials used to access the Service. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
3.3 Organizational Accounts
If you are registering for an account on behalf of an organization (such as a healthcare agency or facility), you represent and warrant that you have the authority to bind the organization to these Terms.
- USER CONDUCT
4.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
- Impersonate or attempt to impersonate LearnHopp, a LearnHopp employee, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service
- Use the Service for any unauthorized commercial purposes
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
- Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material
- Copy, modify, distribute, sell, or lease any part of the Service
4.2 Professional Standards
As the Service is designed for healthcare professionals, you agree to adhere to applicable professional standards, codes of ethics, and regulations that govern your profession as a Homecare worker or Direct Support Professional.
- INTELLECTUAL PROPERTY
5.1 Ownership
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of LearnHopp and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
5.2 License to Use
Subject to your compliance with these Terms, LearnHopp grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial training and educational purposes.
5.3 User Content
You may be able to post, upload, publish, submit, or transmit content to the Service (“User Content”). By making any User Content available through the Service, you grant to LearnHopp a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content.
- TRAINING MATERIALS AND CERTIFICATION
6.1 Accuracy of Training Materials
While we strive to provide accurate and up-to-date training materials, LearnHopp does not warrant the accuracy, completeness, or usefulness of any Training Materials. Any reliance you place on such information is strictly at your own risk.
6.2 No Guarantee of Learning Outcomes
LEARNHOPP MAKES NO GUARANTEES OR WARRANTIES REGARDING LEARNING OUTCOMES OR KNOWLEDGE RETENTION. THE EFFECTIVENESS OF THE TRAINING MATERIALS DEPENDS ON VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO THE TRAINEE’S ATTENTION, ENGAGEMENT, PRIOR KNOWLEDGE, LEARNING ENVIRONMENT, AND APPLICATION OF THE LEARNED CONTENT. COMPLETING A COURSE OR TRAINING PROGRAM DOES NOT GUARANTEE THAT A TRAINEE HAS MASTERED THE MATERIAL OR WILL BE ABLE TO APPLY IT EFFECTIVELY IN REAL-WORLD SITUATIONS.
6.3 Certifications
Certain courses may offer certifications upon completion. LearnHopp does not guarantee that completion of courses or receipt of certifications will satisfy licensing or continuing education requirements for any profession. You are responsible for verifying whether LearnHopp courses and certifications meet requirements for your profession in your jurisdiction.
6.4 Professional Responsibility
Users who are Healthcare Support Workers, including but not limited to Direct Support Professionals, Homecare Workers, Caregivers, Adult Daycare Workers, Home Health Aides, Personal Care Assistants, and any other individuals providing care or support services in healthcare, residential, community, or home-based settings, acknowledge and agree that they remain solely responsible for maintaining appropriate professional standards of care in their practice. Reliance on information obtained through LearnHopp does not diminish or replace the user’s professional judgment or responsibility.
- THIRD-PARTY LINKS AND CONTENT
The Service may contain links to third-party websites or services that are not owned or controlled by LearnHopp. LearnHopp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
- PAYMENT TERMS
8.1 Fees
Access to certain features of the Service may require payment of fees. All fees are in US dollars and are non-refundable except as expressly provided in these Terms.
8.2 Billing
If you provide credit card or other payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided.
8.3 Subscription and Renewal
For subscription-based services, your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current period.
- TERMINATION
9.1 Termination by LearnHopp
LearnHopp may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
9.2 Termination by User
You may terminate your account at any time by following the instructions on the Service or by contacting us at [support@learnhopp.com].
9.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS 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, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUALITY.
LEARNHOPP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
- THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT;
- THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
- THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
- THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THAT COURSES, TRAINING MATERIALS, OR CERTIFICATIONS OFFERED THROUGH THE SERVICE WILL SATISFY LICENSING REQUIREMENTS OR REGULATORY STANDARDS IN YOUR JURISDICTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEARNHOPP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER LEARNHOPP NOR ITS OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL LEARNHOPP, ITS OWNERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
LEARNHOPP’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO LEARNHOPP IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless LearnHopp, its owners, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- Any claim that your User Content caused damage to a third party;
- Any use of your account credentials by a third party, whether or not authorized by you;
- Any misrepresentation made by you; or
- Your failure to comply with applicable laws or regulations.
This defense and indemnification obligation will survive these Terms and your use of the Service. LearnHopp 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.
- DISPUTE RESOLUTION AND GOVERNING LAW
13.1 Mandatory Mediation
BY USING THE SERVICE, YOU AGREE THAT BEFORE INITIATING ANY CLAIM AGAINST LEARNHOPP OR ITS OWNERS, YOU WILL FIRST ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. IF THE DISPUTE CANNOT BE RESOLVED INFORMALLY, YOU AGREE TO PARTICIPATE IN MANDATORY MEDIATION BEFORE PURSUING ANY OTHER REMEDY. THE MEDIATION SHALL BE CONDUCTED BY A MEDIATOR MUTUALLY AGREED UPON BY THE PARTIES OR, IF THE PARTIES CANNOT AGREE, BY A MEDIATOR SELECTED BY A REPUTABLE MEDIATION SERVICE. THE MEDIATION SHALL TAKE PLACE IN COLUMBUS, OHIO OR VIRTUALLY, AS AGREED UPON BY THE PARTIES. THE COSTS OF MEDIATION SHALL BE SHARED EQUALLY BY THE PARTIES.
13.2 Waiver of Class Actions
YOU AGREE TO RESOLVE ANY DISPUTES WITH LEARNHOPP ON AN INDIVIDUAL BASIS ONLY. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
13.3 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.
13.4 Forum Selection
If mandatory mediation does not resolve the dispute, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Franklin County, Ohio, and you consent to the personal jurisdiction and venue in such courts.
13.5 State-Specific Provisions
LearnHopp provides services in multiple states and may expand to operate nationwide. As such:
- Additional or different terms may apply to users based on state-specific laws and regulations where you access or use the Service.
- Any state-specific terms will be provided in a State-Specific Addendum, which is incorporated by reference into these Terms.
- In the event of a conflict between these Terms and any applicable State-Specific Addendum, the State-Specific Addendum will control only for users accessing the Service from that specific state and only to the extent of the conflict.
- State-Specific Addenda will be made available within the Service or upon request. By using the Service in any state where a State-Specific Addendum exists, you agree to be bound by both these Terms and the applicable State-Specific Addendum.
- LearnHopp reserves the right to add, modify, or remove state-specific terms as required by changing laws and regulations or as LearnHopp expands into new jurisdictions.
- CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- CONTACT US
If you have any questions about these Terms, please contact us at:
LearnHopp LMS
Email: [legal@learnhopp.com]
By using the LearnHopp service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.