1. Acceptance of Terms
By accessing or using our Learning Management System (“LMS”), you agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with these terms, you should not use our LMS.
2. Eligibility
By using the LMS, you confirm that you are at least 18 years of age or have parental or guardian consent to use the LMS. You are responsible for ensuring that your use of the LMS complies with all applicable laws and regulations.
3. Account Registration
You may be required to create an account to access certain features of our LMS. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate and complete.
You are responsible for safeguarding your password and for all activities under your account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
4. Use of the LMS
Our LMS is designed for educational purposes only. By using our LMS, you agree that you will not:
- Use the LMS for any unlawful purpose.
- Copy, modify, distribute, or sell any content found within the LMS without proper authorization.
- Engage in any activity that may harm the LMS or its users, including but not limited to hacking or spreading viruses.
5. Course Access
Upon purchasing a course or subscribing to our LMS, you will receive access to the purchased course material for the duration specified in the course description or as part of your subscription plan. We reserve the right to modify, suspend, or terminate access to any course or material at any time, for any reason, without notice.
6. Payment Terms
All prices for courses and subscriptions are listed on the LMS platform. Payment must be made in full before access to any course or subscription is granted. We accept payments through secure payment gateways. By purchasing a course or subscription, you agree to pay all associated fees as outlined during the purchase process.
7. No Refund Policy
All purchases made on our LMS, including but not limited to individual courses, course bundles, and subscriptions, are final. No refunds will be issued under any circumstances. Please ensure that you carefully review the course description and requirements before making a purchase.
8. Intellectual Property
All content, materials, and intellectual property available through the LMS, including but not limited to course content, videos, text, and graphics, are the property of website owner and are protected by intellectual property laws. Unauthorized use of any content is strictly prohibited.
9. Termination
We reserve the right to terminate or suspend your account or access to the LMS at our sole discretion, without notice, if you breach these Terms and Conditions.
10. Limitation of Liability & Damages
To the fullest extent permitted by law, website owner shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the LMS or any course material. To the fullest extent permitted by law, any damages awarded to you, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by you to website owner, minus any fees, for the course or subscription that is the subject of the claim. This limitation applies regardless of the nature of your claim or the basis of the liability.
11. Indemnification
You agree to indemnify, defend, and hold harmless website owner and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from your use of the LMS, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any person or entity.
11. Binding Arbitration Provision
In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the LMS, the website, or any services or content provided through the LMS, you agree to resolve the dispute exclusively through binding arbitration.
- Arbitration Location: Arbitration shall be conducted in Montgomery County, Ohio or online, at the discretion of website owner.
- Arbitration Rules: The arbitration will be conducted according to the rules of the American Arbitration Association.
- Costs and Fees: You, the customer, agree to bear all costs of the arbitration, including but not limited to filing fees, arbitrator’s fees, and any additional costs incurred during the arbitration process, including the legal fees of website owner.
- Final and Binding: The arbitrator’s decision will be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
By agreeing to this binding arbitration provision, you waive your right to litigate in court, including the right to a jury trial, and you agree that all disputes will be resolved through arbitration.
12. No Guarantee of Uptime
We strive to ensure the availability and reliability of our LMS. However, we do not guarantee that the LMS will be available at all times or that access will be uninterrupted, timely, or error-free. We reserve the right to suspend or discontinue access to the LMS, in whole or in part, at any time for any reason, including but not limited to maintenance, updates, or technical issues.
By using the LMS, you acknowledge that occasional downtime or disruptions may occur, and you agree that website shall not be liable for any losses or damages resulting from the unavailability of the LMS.
13. No Warranties
The LMS, including all content, courses, and services, is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, website owner disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Modifications to the Terms & Conditions
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the updated Terms and Conditions on our LMS. Continued use of the LMS, including logging into your account, following any such changes constitutes your acceptance of the new Terms and Conditions.
15. Force Majeure
Website owner shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, war, pandemics, natural disasters, strikes, or interruptions in internet service.
16. Severability & Waiver
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The waiver by website owner of any provision of these Terms and Conditions shall not constitute a waiver of any other provision.
17. Entire Agreement
These Terms and Conditions, along with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and website owner regarding your use of the LMS, and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter.
18. User-Generated Content
By submitting content to the LMS, you grant website owner a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and distribute your content in connection with the operation of the LMS or website.
19. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
20. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at the links provided on the website.