Last Updated: March 31, 2020
By using the Services, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Services on behalf of any entity, including any Sponsoring Company, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and to bind such entity to these Terms, that your agreement to these Terms will be treated as the agreement of such entity, and that such entity agrees to indemnify you and the Company and Sponsoring Company for violations of these Terms. If you are an individual accessing or using the Services as an employee, contractor or consultant of a Sponsoring Company who is invited to access and use the Services by the Sponsoring Company (each, a “User”), you acknowledge and agree that these Terms govern your access to and use of the Services. References to “you” and “your” in these Terms will refer to both the Users accessing and/or using the Services and to any Sponsoring Company, as the context requires.
The Company reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in its sole discretion by providing notice the Terms have been modified. Such notice may be provided by sending an email, by posting a notice to the Services, by posting the revised Terms to the Services and revising the date at the top of these Terms, or by such other form of notice as determined by the Company. Any such changes will not apply to any dispute between you and us arising before the date on which we (a) posted the revised Terms incorporating such changes or (b) otherwise notified you of such changes. Your continued access to and use of the Services following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications. The “Last Updated” date above indicates when these Terms were last changed.
2. Nature of Services
The Services allow Users to identify and complete courses and other materials meeting their learning objectives and enable Sponsoring Companies to offer such courses and related materials. We reserve the right to refuse to provide the Services to any person for any reason and/or to discontinue the Services in whole or in part at any time, with or without prior notice.
3. Applicable Law
By accessing and using the Services, you agree to be bound by all applicable laws, rules and regulations. You further agree that you are solely responsible for compliance with any applicable laws, rules and regulations.
4. Copyright and Limited License
Unless otherwise indicated in the Services, the Services and all content, information and other materials on the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Services Materials”) are the proprietary property of the Company and/or their licensors or users and are protected by U.S. and international intellectual property laws.
Subject to these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services and electronically copy (except where prohibited without a license) and print to hard copy portions of the Services Materials for your informational, non-commercial and personal use only, during the Term. Any use of the Services or the Services Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Company and/or its licensors at any time.
5. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another User’s account without authorization from that User and Company and the User’s Sponsoring Company (as applicable);
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use the Services or the Service Materials, including any right to use the Services for purposes of creating, developing or improving any products or services that compete with the Company’s products or services;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Services, except as expressly permitted by the Company and/or its licensors;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Modify or otherwise make any derivative uses of the Services and the Services Materials, or any portion thereof;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Use any data mining, robots or similar data gathering or extraction methods;
- Downloading (other than the page caching) of any portion of the Services, the Services Materials or any information contained therein, except as expressly permitted on the Services;
- Harvest or collect information about other Users;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at https://www.xyz.com/robots.txt, where ‘xyz’ refers to the domain of a SelfStudy site.
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without our express prior written consent; or
- Otherwise use the Services or the Services Materials other than for its intended purpose.
The Company’s trademarks, logos, and any other product or service name or slogan contained in the Services are proprietary materials of the Company and/or its licensor(s), and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable licensor. You may not use any metatags or any other “hidden text” utilizing Company’s or any other name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Services may contain links that will let you access other websites that are not under the control of the Company (“Third-Party Sites”). The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Sites, or other websites linking to the Services. The Company is not responsible for the contents, materials or information available on any Third-Party Site, or any review, changes or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any Third-Party Site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
8. Third Party Content
The Company and Sponsoring Company may provide third party content on the Services and may provide links to Web pages and content of third parties (collectively the “Third-Party Content”). The Company does not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third-Party Content. Users access and use such Third-Party Content contained therein at their own risk.
The Services may allow you and other Users to create, post, store and share content, including messages, text, photos, videos and other materials (“Submissions”). You retain all rights in and to your Submission, as between you and Company. Users that are experiencing any issues or errors with Submissions provided by Sponsoring Companies (including courses and materials) must contact their respective Sponsoring Companies regarding such issues or errors. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
You may not create, post, store or share any Submission that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submission, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
By submitting, uploading, publishing, transmitting, or otherwise making available (collectively, “submit,” “submitting,”, “submitted” or “submission”) Submissions on or to the Services, you acknowledge and agree that: (1) you are solely responsible for all Submissions and, if you are a Sponsoring Company, the Submissions of your Users; (2) you own or have obtained all necessary licenses, consents, permissions, releases, and/or rights required under applicable law to submit Submissions; and (3) neither the Submissions nor your submission of such Submissions will infringe, misappropriate, or otherwise violate another party’s intellectual property or proprietary rights or rights of publicity or privacy or result in the violation or any applicable law or regulation. The Company may, in its sole discretion, delete, edit, or remove Submissions at any time and for any reason.
You may also post or otherwise share only those Submissions that are nonconfidential and that you have all necessary rights to disclose. You may not create, post, store, share or otherwise make available any Submission that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right or rights of publicity or privacy of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose the Company or others to any harm or liability of any type.
You acknowledge and agree that any comments, suggestions, ideas, plans, or other feedback regarding the Services, the Company or the Company’s products or services that are provided by you (“Feedback”) are non-confidential and shall be deemed a Submission. The Company shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Registration Data; Account Security
You may need to register for an account in order to use some or all of the Services. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company. You must promptly notify us of any breach or unauthorized use of your user name or password, or your Services account. None of the services or products provided by the Company are designed for children or designed to attract children to the Services.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services, or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
You agree to defend, indemnify and hold harmless the Company, their independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your (and if you are a Sponsoring Company, your Users’) access to and use of the Services, (b) your (and if you are a Sponsoring Company, your Users’) violation of these Terms, or (c) your (and if you are a Sponsoring Company, your Users’) violation of the rights of any third party (including any intellectual property or proprietary rights or privacy or publicity rights).
EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES AND THE SERVICES MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE COMPANY AND SPONSORING COMPANY CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR SERVER(S) ARE ACCURATE, COMPLETE, RELIABLE, USEFUL FOR YOUR PURPOSES OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Company reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS (INCLUDING AUTHORIZED RESELLERS) BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, THE SERVICE MATERIALS, OR THE CONTENT OR THE OTHER MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SERVICES, OR (II) ONE THOUSAND DOLLARS ($1,000).
15. Applicable Law and Venue
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
These Terms are effective until terminated. Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent future your access to and use of the Services. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3, 5, 6 and 12-18 shall survive any expiration or termination of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
18. Questions & Contact Information
Questions or comments about the Services may be directed to the Company at the email address [email protected] or by calling us at +1 240-646-7089.
Services © 2016–2020 SelfStudy Inc. unless otherwise noted. All rights reserved.