Terms and Conditions
Our customer service representatives (hereinafter, the “Empowerment Team”) are available to assist customers with one or all of the courses offered through our website. We invite any individual who creates an Account (as defined herein) on Company’s website (hereinafter, the “Customer”) to contact our Empowerment Team by email at [email protected] to resolve any issues that may arise.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST COMPANY. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Empowerment Team at the email above.
Acceptance of Terms
These Terms apply to all your activities on the Company’s website, and the Services that Company provides to Customer. The right to use the Services is limited solely to Customer and is not transferable to any other person or entity. Customer is responsible for all use of Customer’s account (under any screen name or password) (hereinafter, the “Account”) and for ensuring that all use of the Account complies fully with these Terms. Customer shall be responsible for protecting the confidentiality of password(s), if any. Company shall have the right at any time to change or discontinue any aspect or feature of Customer’s Account, including, but not limited to, content, hours of availability, and equipment needed for access or use. When you create your Account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You should stop using the Services if you do not agree with these Terms. Company reserves the right without notice to delete and deactivate any Account that breaches these Terms.
Customer shall use Company website and content for lawful purposes only. Customer shall not post or transmit any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to Services. Any conduct by Customer that in Company’s discretion restricts or inhibits any other customer from using or enjoying the Services will not be permitted. Any use of our Services for commercial purposes is strictly prohibited. Customer shall not use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of customers to become subscribers of other on-line information services competitive with Company. Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
Use of Services
For the avoidance of doubt, these Services are intended for use by a general audience and it does not offer our Services to anyone under the age of thirteen (13) years old.
Subject to these Terms and our Policies, Company grants Customer a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Company, and you will not share access to your Account or access information for your Account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
For the avoidance of doubt, Customer is not allowed:
- To copy, transfer, rebrand, sub-license, reverse engineer, modify, repackage, sell or deliver Company’s Services or material and content via any other third party Learning Management Systems or alternative online platforms.
- To create and offer competing or derivative products and services to other third parties based on the Services and content.
- To transmit any data with embedded viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
The Services may contain, but are not limited to, email, bulletin board, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable customers to communicate with others (each a “Communication Service” and, collectively, “Communication Services”). Customer agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Company has no obligation to monitor the Communication Services. Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Company reserves the right to terminate Customer’s access to any or all of the Communication Services at any time, without notice, for any reason. Company reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
Customer shall use caution when giving out any personally identifiable information in any Communication Services. Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from Customer’s participation in any Communication Services.
Website Materials & Content
Company does not claim ownership of the materials Customer’s provide to Company (including feedback and suggestions) or post, upload, input or submit to any Services or its associated Services for review by the general public, or by the members of any public or private community, (each a ‘Submission’ and, collectively, ‘Submissions’). By posting, uploading, inputting, or providing Submissions, Customer is granting Company, its affiliated companies and necessary sublicensees permission to use Customer’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Company Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submissions; to publish customer’s name in connection with Submissions; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of Submissions, as provided herein.
In addition to the warranty and representation set forth above, by posting, uploading, inputting or providing a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), Customer warrants and represents that: (a) Customer is the copyright owner of such Images, or that the copyright owner of such Images has granted Customer permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Customer’s use and as otherwise permitted by these terms and the Services, (b) Customer has the rights necessary to grant the licenses and sublicenses described in these terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By Posting Images, Customer is granting (a) to all members of Customer’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use Images in connection with the use, as permitted by these terms, of any of the Services, and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Images without having Customer’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN COMPANY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY COMPANY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
Use of Services at Your Own Risk
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside. Company makes no representations that the Service is appropriate or available for use in your location. Customer expressly agrees that use of the website and access to the services from your jurisdiction is at Customer’s sole risk and you are responsible for compliance with local law. Neither Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that access will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of, or as to the accuracy, reliability or content of any information, service, or merchandise provided.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Company is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with Customer.
Neither Company, nor its affiliates, information providers or content partners shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within, or for any delay or interruption in the transmission thereof to the Customer, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
In no event will Company, or any person or entity involved in creating, producing or distributing the Services or the Company software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use. Customer hereby acknowledges that the provisions of this section shall apply to all content on the website.
Third Party Content
Any links on Company’s website may take Customer to third party content. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company provides such links to Customer only as a convenience, and the inclusion of any link does not imply endorsement by Company of such site.
Email Marketing & Communication
By using our website and providing your contact information, the Customer agrees to receive communication from us, including but not limited to promotional emails, newsletters, and updates about our products and services (“Messaging”). These communications may be sent through various channels, such as email, or direct mail. The customer also acknowledges that they may be contacted for customer service-related matters, order updates, and other essential business communications. Messaging frequency may vary.
Customer agrees that by downloading Company’s mobile application or registering on the Company website for an Account, Customer is opting into email communication of any nature from Company. Customer further agrees that if they do not wish to receive such communication, they can opt-out of further communication by clicking the “unsubscribe” link at the bottom of any Company e-mail. Please note that even if Customer chooses to unsubscribe from promotional emails, they may still receive Messaging such as transactional emails and SMS messages related to new orders, course completion, or other essential account-related notifications. If any additional support is required, including assistance in opting-out of future communications, please contact our Empowerment Team for additional support.
Customer agrees to receive text messages to their mobile number (“SMS Communications”) when a Customer is opted-in. Customers can opt-in to receive SMS Communications through checkout on Company’s website, Company’s resource pages, or through downloading the Company’s mobile application. When Customers are opted-in, Customers agree to SMS Communications of any nature from Company which includes, but is not limited to promotional SMS communications, transactional messages, updates about our products and services, messages related to customer service-related matters or order updates, and other essential business communications. Frequency of SMS Communications may vary. Company will not charge Customers any fees for receiving communications related to SMS Communications. Text messaging and data rates may apply for any SMS Communications messages sent to Company from Customer. If Customer has any questions about their text plan or data plan, they will need to refer to their wireless provider.
Customers may opt-out of receiving SMS Communications at any time. Customers can opt-out of further SMS Communications by replying ‘STOP’ to any Company SMS. Please note that even if Customer chooses to unsubscribe from promotional SMS, they may still receive transactional SMS-related to new orders, course completion, or other essential account-related notifications. If any additional support is required, including assistance in opting out of future communications, please contact our Empowerment Team for additional support.
Company shall have the right, but not the obligation, to monitor content, including chat rooms and forums, to determine compliance with these Terms and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted.
Customer agrees to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all third party claims, liabilities, damages, and expenses, including attorneys’ fees, arising from: (i) your use and access of the Services by Customer or Customer’s Account; (ii) the content you post or submit; (iii) your violation of these Terms or in relation to the Customer’s negligence, willful misconduct, improper or abusive usage of the Company Website or the Services; (iv) any other party’s access and use of the Services with your unique username, password or other appropriate security code; (v) any dispute you have with one or more of our users or any third party providing goods and services through the Services; or (vi) your violation of any rights of a third party, including without limitation, any right of privacy, publicity rights or intellectual property rights. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
These Terms constitute a binding agreement between Company and Customer and are subject to the laws of the State of Indiana. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Company will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Jackson County, Indiana as the legal forum for any such dispute. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
Binding Arbitration and Class Action Waiver
Customer and Company agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Improperly Commenced Arbitration
Customer and Company agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.
Rights under Arbitration
This agreement to arbitration does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
Severability of Arbitration Clause
A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
No Class Actions
Neither Customer nor Company may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Copyrights and Trademarks
Logos found on the Company’s website are trademarks of Company or are the property of their respective owners. All rights reserved.
Our website and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. The names of actual companies and the Services mentioned herein may be the trademarks of their respective owners. Nothing gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Company or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Company website and Services:
- access, tamper with, or use non-public areas of the website (including content storage), Company’s computer systems, or the technical delivery systems of Company’s service providers.
- disable, interfere with, or try to circumvent any of the features of the Company website or Services related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Company website or Services.
- access or search or attempt to access or search our Company Website by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Company); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Company Website or services, or in any other manner interfering with or creating an undue burden on the Services.
Any product name, brand or logo trademarks belonging to third parties are not affiliated with Company and are not endorsed, sponsored or connected in any way unless explicitly stated otherwise. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein do not signify association. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Refunds – Our 100% Money Back Guarantee
Company offers a 100% Money-Back Satisfaction Guarantee on all purchased Services for a period of six (6) months from the date of purchase. At the discretion of Company, Customer’s access to content may be terminated once a refund is issued. For further inquiries pertaining to purchase refunds, please contact a member of the Empowerment Team.
Although Company intends to offer access to all purchased Services into perpetuity, Company does not make any guarantees or assurances as to the price or availability of Services. Prices are subject to change without notice. If a Service was purchased at a higher price point than is currently offered, there will be no price adjustment issued. Customer’s access to all purchased Services will apply so long as Company is operating and in business. In the event that Company stops operating or goes out of business, access to all purchased Services completed or incomplete shall be void without refund.
Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing Company from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). If you become subject to such a restriction during the term of any agreement with Company, you will notify us within 24 hours and immediately discontinue your use of the Services if you are placed on any Sanctions List.
You also warrant that you will not export, re-export, divert, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, to an entity on any Sanctions List or otherwise use the Services in a manner that would be in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
Notwithstanding anything to the contrary in these Terms, Company may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.
Changes to the Terms
Company reserves the right to update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features) at any time without notice to Customer and Company reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise.
Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, Company may terminate this agreement at any time. Without limiting the foregoing, Company shall have the right to immediately terminate Customer’s Account in the event of any conduct by Customer which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Customer of this Agreement.
Any rights not expressly granted herein are reserved.