Learning Ally Professional Learning Terms of Service

Updated as of 8/31/2020

School and Institutional Membership Copyright Acknowledgement and Terms of Service

The following Terms of Service (“TOS”) are incorporated by reference into the Sales Order under which you, a school district, public or private school or other entity (“You”), have purchased Learning Ally Audiobook Professional Learning Service(s) (“Services”) for your district/school administrators and/or educators.  In the event a conflict arises between the Sales Order and these TOS, the TOS shall prevail unless alternative terms are jointly agreed to and documented in writing.

1. Payment Terms

1.1. Upon confirmation that you will purchase professional learning services from Learning Ally, Learning Ally will invoice you for the full amount of onsite and virtual services scheduled to be delivered within twelve months from the invoice date.

1.2. Additional charges apply for travel to VI, PR, HI and AK, including reimbursement for economy class airline ticket, cost for a class B hotel room and meals and local travel totalling $100 a day.

1.3. Full payment is due 30 days from the invoice date.

2. Scheduling

2.1. Advanced scheduling is required to allow for appropriate planning and preparation that will ensure a successful event that meets your learning needs.

2.1.1. Virtual: Minimum two weeks advanced lead time for scheduling

2.1.2. Onsite: Minimum four weeks advanced lead time for scheduling

2.2. Learning Ally will do its best to accommodate your first choice of date and time. We may need you to provide alternate dates/times based on availability of the Learning Ally facilitator.

2.3. It is understood that a planning call will take place with you in advance of the professional learning session to ensure a successful event and allow appropriate personalization for the educators that will be attending.

2.4. Learning Ally cannot guarantee availability of dates for specific facilitators.

2.5. Every attempt will be made to schedule virtual coaching sessions that accompany the primary content delivery session for each course purchased.

2.6. To allow for potential conflicts, Professional Learning content sessions may be rescheduled at your request when Learning Ally is given appropriate advanced notice. A minimum of ten (10) business days written notice is required for rescheduling the Onsite Service prior to the determined session date; five (5) business days for virtual. If a session is rescheduled, and you are unable to make/attend the rescheduled date, Learning Ally is under no obligation to reschedule a second time. If requested, Learning Ally may reschedule a second time if staff and resources are available. If Learning Ally has incurred non-refundable travel or other ancillary costs related to the rescheduled session, you shall reimburse Learning Ally 100% of any out-of-pocket costs.

2.7. Professional Learning content, whether virtual or onsite, and virtual coaching sessions must be completed within twelve months from the invoice date. Such session(s) shall not “roll over” to a subsequent period and unused sessions will not be refunded.

3. Cancellation and Refunds

3.1. Professional Learning Services may only be cancelled, upon your request and in writing, within 30 days from the invoice date. If Learning Ally has incurred non-refundable travel or other ancillary costs related to the cancelled Services, you shall reimburse Learning Ally 100% of any out-of-pocket costs. If invoice is paid in full and Learning Ally receives a cancellation request in writing 30 days from the invoice date, Learning Ally will refund the full amount for the Professional Learning Services. No refunds will be made after 30 days from the invoice date.

3.2. In the event that the Professional Learning sessions are cancelled, including as a result of inclement weather, transportation issues (eg, cancellation or rescheduling of flights), war or acts of terrorism, health treatment or riot, strike or other disturbance, Learning Ally, at its discretion may reschedule the event for a later date.

4. Intellectual Property

4.1. Learning Ally may provide you with Professional Learning materials, including but not limited to handouts. Learning Ally owns (or licenses) all rights, titles, and interests, including all associated copyrights, trademarks and other intellectual property rights associated with those materials.

4.1. Such Professional Learning materials may not be copied, altered, extracted, distributed (in any form or medium), beyond those who attended either an onsite or virtual session without the express written consent of Learning Ally. Such Professional Learning materials, or any component of such materials, may not be used in any non-Learning Ally development, training, coaching or similar learning session without the express written consent of Learning Ally.

4.3. Sessions may be recorded by Learning Ally for internal training purposes only. You will not receive copies of the recordings to distribute.

4.4. Audio or video recording of the content session or follow-up coaching sessions is not permitted. You may not video or audio record, photographs of professional learning materials and visuals, screen capture or in any way copy, excerpt, reproduce or distribute any part of the sessions.

5. Customer Cooperation

5.1. You agree that all cooperation required of you, your agents, employees or any third party in connection with the Services shall be provided in a timely manner and at no cost to Learning Ally

5.2. You agree that you are responsible for recruiting attendees for both content and coaching sessions.

5.3. All supplies, auxiliary staff, etc., necessary and reasonably required for the performance of the Services shall be made available to Learning Ally free of charge.

5.4. Notwithstanding that a fixed or maximum price for the Services has been agreed upon between the parties, Learning Ally shall be entitled to charge additional fees to offset additional expenses incurred as a result of such lack of proper cooperation.

6. Technology and Environmental Requirements

6.1. Virtual Professional Learning and virtual coaching sessions (as applicable) will be delivered using the Zoom Video Conferencing Platform.  You can test Zoom on your computer/device here. All sessions are password protected for security purposes.

6.2. Participants may log into the live Zoom session(s) individually if they are joining from remote locations, or you may have them gather in one room to participate as a group. Either format will be equally interactive and engaging, but there are specific requirements:

6.2.1. If teachers will be logging in from their own devices:

6.2.2. You will need to forward the invite to participants.

6.2.3. Participants should test Zoom on their computer/device.

6.2.4. If teachers will be gathering in one location:

6.2.5. Provide an onsite facilitator to help your Learning Ally facilitator by copying necessary handouts and helping facilitate activities.

6.2.6. One person will need to log into the meeting and project their screen on a large, easy to view screen with good clear projection.

6.2.7. Ensure that only one person in the room joins the audio, preferably via a conference phone or audio set-up.

6.2.8. If some participants are logging in their own computers from the same room, ensure that their microphones are muted.

6.2.9. Ideally a webcam should also be used so the Learning Ally facilitator can view what is going on in the room during the interactive segments

6.3. For onsite sessions, you will be required to provide the Learning Ally Professional Learning Coordinator a detailed list of each attendee’s name, email address, role and school name.

7. Restrictions

7.1. Due to the highly interactive professional learning experience followed by personalized coaching, learning cohorts are limited to 30 participants per session.

7.2. Each virtual Professional Learning module consists of a 90-minute content and action planning session and one 45-minute virtual follow-up coaching session. Each onsite Professional Learning content session consists of one onsite day with one 45-minute virtual follow-up coaching session. It is expected that the same 30 participants begin and complete all parts of the module together as a cohort.

8. Limitation of Waiver

8.1. A waiver of any breach of any provision of these Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Service.

9. Professional Learning Warranty

9.1. Learning Ally warrants that it will provide Professional Learning Services in a professional and competent manner consistent with the terms of this Agreement and under generally accepted industry standards.

Learning Ally reserves the right to amend, remove or add to these TOS at any time. Please check this page periodically for any modifications. Your receipt of a Learning Ally invoice for Professional Learning Services shall signify your acceptance of our latest TOS.


Learning Ally

20 Roszel Road

Princeton, New Jersey 08540