Terms of service
Last updated: December 26, 2025
Overview
Welcome to Learning-Focused. These Terms of Service ("Terms") govern your access to and use of:
- learningfocused.com (website and online store, hosted by Shopify),
- learningfocusedonline.thinkific.com (Learning-Focused Online), and
- Learning-Focused digital tools and resources, including the Spark suite of apps (e.g., SparkLEQ, SparkWriting, SparkEngagement)
(collectively, the “Services”).
“Learning-Focused,” “we,” “us,” or “our” refers to Learning-Focused, located at 200 District Drive, Suite 001, Asheville, NC 28803.
The Services are designed for individual educators, schools, districts, and other educational organizations. By accessing or using the Services, you agree to be bound by these Terms and the policies referenced herein, including our Privacy Policy, Membership Agreement(s), Acceptable Use & Code of Conduct, and Spark Apps End User License Agreement (EULA), where applicable. If you do not agree, do not use the Services.
1) Access and Accounts
You represent that you are at least the age of majority in your jurisdiction, or that you are accessing the Services on behalf of a school, district, or organization with authority to do so.
To use certain features, you may be required to provide information such as your name, email address, billing, payment, or shipping information. You represent that all information you provide is accurate, current, and complete, and that you have the right to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not sell, transfer, or sublicense your account.
2) Products and Services
We strive to provide accurate descriptions of our products and Services. However, we do not warrant that descriptions, images, or other content are accurate, complete, or free of errors.
We reserve the right to modify, replace, limit, or discontinue any product, Service, or feature at any time without notice.
3) Orders and Purchases
When you place an order, you are making an offer to purchase. Learning-Focused reserves the right to accept, reject, or cancel orders for any reason, including errors, availability, or suspected misuse.
Your order is not accepted until confirmed by Learning-Focused and payment has been processed.
Purchases may be made by individuals or by schools, districts, or organizations for professional or institutional use.
4) Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed.
You agree to provide accurate and up-to-date billing and payment information and authorize us and our payment processors (including Shopify and Thinkific) to charge the applicable fees.
5) Terms of Sale – Physical Products
A. Scope
This section applies only to physical products sold through the Learning-Focused online store hosted on Shopify. Digital products, memberships, courses, and Spark apps are governed by separate agreements.
B. Shipping and Delivery
Shipping and delivery dates are estimates only and are not guaranteed. Risk of loss and title pass to you when the product is delivered to the carrier. We are not responsible for delays caused by carriers, customs, or events beyond our control.
C. Returns and Refunds
- Returns for refund are accepted within 30 days of receipt.
- Returns for exchange or store credit are accepted within 45 days of receipt.
- Products must be unused.
- Made-to-order products (including Coaches Binders, Monitoring Binders, and Redelivery Notes) are not eligible for return or exchange.
- Defective products will be exchanged for the same product only.
To initiate a return, contact customerservice@learningfocused.com or 866-95-LEARN.
6) Intellectual Property
All content, software, designs, text, graphics, logos, videos, audio, and materials provided through the Services are owned by Learning-Focused or its licensors and are protected by intellectual property laws.
You may use the Services only for educational, professional, or institutional purposes and in accordance with these Terms. No ownership rights are transferred.
7) Spark Apps and AI Features
Spark apps provide AI-assisted tools intended to support professional learning and planning. Outputs may be inaccurate and must be reviewed by users. Spark app use is governed by the Spark Apps EULA.
Users must not submit student names or other student personal information into Spark apps.
8) Optional Tools and Third-Party Services
The Services may provide access to third-party tools or services that we do not control. These tools are provided “as is” and “as available,” and your use is at your own risk and subject to the third party’s terms.
9) Third-Party Links
The Services may contain links to third-party websites. We are not responsible for third-party content, accuracy, or practices, and access is at your own risk.
10) Relationship with Shopify and Thinkific
The Services are hosted by Shopify and Thinkific. Any purchases are made directly with Learning-Focused, not Shopify or Thinkific. You agree that Shopify and Thinkific are not responsible for any claims arising from your use of the Services and release them from liability related to your transactions with Learning-Focused.
11) Privacy
Our collection and use of personal information is governed by our Privacy Policy:
https://learningfocused.com/policies/privacy-policy
12) Feedback
If you submit feedback, suggestions, or ideas, you grant Learning-Focused a perpetual, worldwide, royalty-free license to use that feedback without compensation.
13) Prohibited Uses
You may not use the Services for unlawful, harmful, or abusive purposes, to infringe intellectual property rights, to transmit malicious code, or to interfere with security features. We may suspend or terminate access for violations.
14) Termination
We may suspend or terminate your access to the Services at any time for violations of these Terms or to protect the Services. Obligations that by their nature should survive termination will continue.
15) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
16) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU TO LEARNING-FOCUSED IN THE 12 MONTHS PRECEDING THE CLAIM.
17) Indemnification
You agree to indemnify and hold harmless Learning-Focused and its partners, including Shopify and Thinkific, from claims arising out of your violation of these Terms or misuse of the Services.
18) Errors, Inaccuracies, and Omissions
We reserve the right to correct errors, inaccuracies, or omissions and to change or cancel orders if information is inaccurate at any time without notice.
19) Severability
If any provision is held unenforceable, the remaining provisions will remain in effect.
20) Waiver; Entire Agreement
Failure to enforce any provision is not a waiver. These Terms and referenced policies constitute the entire agreement regarding the Services.
21) Assignment
You may not assign these Terms without our consent. We may assign these Terms without restriction.
22) Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.
23) Changes to These Terms
We may update these Terms from time to time by posting a revised version. Continued use constitutes acceptance.
24) Contact Information
Questions about these Terms may be directed to:
Learning-Focused
Email: customerservice@learningfocused.com
Address: 200 District Drive, Suite 001, Asheville, NC 28803, USA
