Learning Pool Integrated Products Policy

Effective Date: May 17, 2021

Learning Pool (“LP”) is proud to partner with some of the leading providers of software solutions that integrate with our hosted open-source products. Our relationship with these providers (each a “Partner”) makes it possible for LP to offer these integrations (each an “Integrated Product”) to its clients on the terms and conditions in this policy.

By signing a Solutions Agreement that provides for the purchase of an Integrated Product, Client agrees to comply with this Integrated Products Policy (this “Policy”). Terms not defined herein shall have the meaning set forth in the applicable Master Agreement, Solutions Agreement, or Work Order (each an “Agreement” and collectively the “Agreements”). All services provided pursuant to this Policy are deemed to be “Services” pursuant to the Master Agreement between the parties.

Integrated Products are provided subject to LP’s Support Services Policy and Acceptable Use Policy, as well as the terms and conditions of use/service of the Partner. Specifically:

Client acknowledges that, in some cases, a Partner may reject an order for all or some of its Integrated Products which would prevent LP from being able to deliver all or some of the Integrated Products to Client. Client hereby releases LP from any liability related to any failure to deliver Integrated Products due to any order rejection by a Partner. Performance issues with any of Client’s sites resulting from the configuration or use of any Integrated Product will not be subject to the terms of any LP Agreement. Pursuant to the terms of the agreement in place between LP and each of its Partners, Partners will treat all of Client’s information as confidential information. By utilizing an Integrated Product from LP, Client hereby consents to the sharing and transferring of Client’s information to that Partner and any related use of Client’s information by the Partner, and Client expressly releases LP from all liability related to such sharing, transferring and use of Client’s information and Client waives any claims related thereto. In addition, Client agrees to comply with reasonable requests by Partner related to Client’s use of an Integrated Product, including, but not limited to, the execution of documentation requested by Partner related to such use. Further, should Client exceed the amount of usage of an Integrated Product for which it has contracted, Client hereby agrees to pay any overages that are billed by Partner as a result of such excess use. Client also acknowledges that LP does not have control over any Partner’s decision to discontinue or alter any Integrated Products or any Partner’s decision to terminate its partnership with LP. In the event that any of the foregoing instances occur, Client acknowledges that its use of the Integrated Product may cease without any liability by LP for Client’s inability to continue using the Integrated Product. Except as expressly set forth in an Agreement, LP does not provide support for software integrations (each, an “Add-On”) that are not listed above. Performance issues related to the configuration or use of any Add-On shall not be subject to the performance obligations of LP under the Agreement(s). By acquiring an Add-On, Client may be consenting to the sharing and transferring of Client’s information to the owner or operator of that Add-On, and any related use of Client’s information by that owner or operator of the Add-On, and Client expressly releases LP from all liability related to such sharing, transferring and use of Client’s information, and Client hereby waives any and all claims and remedies related thereto. LP is not responsible for the maintenance or security of any Add-On. Section 10 of LP’s Support Services Policy shall apply to Client’s use of any Add-On.

Summary of changes: Policy now includes an updated naming convention for Learning Pool (LP) (was Remote Learner and RL). Changes also include updates to the list of integrated products partners and their related Terms of Use links, updated links to related Learning Pool policies, and simple formatting and editorial updates that have no legal implications.