Terms and Conditions of Use
TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.ASHARPERLEARNING.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ASHARPERLEARNING.
The use of www.asharperlearning.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by A Sharper Learning Institute, LLC (“Asharperlearning,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, as our course and content Experts (“Experts,” or “Facilitators”) and our end users (“Learner”) and both may be referred to as “User(s)”; conditioned upon your acceptance of all terms and conditions stated herein.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
CHANGES TO THE TERMS
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the platform or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms.
If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
PROVISION OF SERVICES
Overview of Services: Asharperlearning, as a platform, provides users with a Learning Management platform designed to allow Instructional Designers, eLearning developers, Course Experts, Influencers, Experts, and the like to sell courses and services (“Content”) to their Clients and/or Learners. Asharperlearning offers this Learning Management platform along with a host of additional services and tools and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “ASharperLearning Services”.
Access: Subject to user’s compliance with the terms set forth herein this Agreement, Asharperlearning grants users a non-exclusive, non-sublicensable, non-transferable and revocable right to access and use the services.
Service Downtime: User acknowledges that user’s access to and use of the services or certain features or portion of the service may be suspended in the event of any scheduled or unscheduled downtime for any reason, including, but not limited to system failures, attacks, or any other acts, failures or omission on the part of Asharperlearning.
Continuous Development: Users acknowledges that Asharperlearning may continually develop, deliver and provide to user ongoing innovation to the services provided in the form of new features, functionality, and efficiencies. Accordingly, Asharperlearning reserves the right to modify the Services from time to time. Some modifications will be provided to user at no additional charge. In the event Asharperlearning adds additional functionality to a particular Service, Asharperlearning may condition the implementation of such modifications on user’s payment of additional fees, provided that user may continue to use the version of the service that Asharperlearning makes generally available (without such features) without paying additional fees.
ASHARPERLEARNING AS A VENUE
Asharperlearning is neither a content provider nor an educational institution. Asharperlearning is not responsible for interactions between Experts and Learners, with the exception of providing the technological means through which Experts may promote and otherwise make their Content available and, at each Expert’s election. Asharperlearning is not liable for any disputes, claims, financial losses, physical injuries, or damage of any kind that may arise out of the Expert/Learner relationship, including but not limited to, any Learner’s reliance upon any information provided by any Expert or in any course at any time.
Experts and Learners must be at least 18 or up to the legal age in their jurisdiction in order to make use of the services. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. If you are below 18 but above the required age for consent to use online services where you live (for example, 13 in the US), you are permitted to make use of the service only under the supervision of your parent or legal guardian who agrees to be bound by the Terms, and that you have reviewed the Terms with your parent or guardian so that you both understand all of your rights and obligations.
REGISTRATION AND ACCOUNT SECURITY
To use our Services and access certain portions of the Website, including to submit a course for publication as Expert or to purchase and enroll in a course as a Learner, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. Do not share your login credentials with a third-party. We will not intervene in a dispute between Learners or instructors who have shared their account login information with each other or with other parties.
You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website and refuse to provide You with access to the Website.
You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else’s account at any time without the permission of the account holder.
LICENSE TERMS AND RESTRICTIONS – INTELLECTUAL PROPERTY
Asharperlearning provides you with access to some great and interesting contents. All aspects of the Asharperlearning website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, success stories, icons, video and audio clips, and downloads. No material on the website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Neither these terms nor your purchase or use of any of the products offered to you through the platform grants you ownership of such product or any content made accessible to you through the product.
The Asharperlearning trademark and logo are proprietary marks of Asharperlearning, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Asharperlearning.
Subject to your continued strict compliance with these Terms, Asharperlearning provides to you, as Expert and a Learner, a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
USER REPRESENTATION AND PLAFORM USE
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because if a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree not to use or attempt to use the Website or any software provided by Asharperlearning, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Asharperlearning. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware and you agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- Interferes with another user’s use and enjoyment of the website or any other individual’s user and enjoyment of similar services;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
In addition to the foregoing, Asharperlearning requires you to follow these best practices when sending electronic communications:
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
- Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
- Do not send electronic communications to addresses obtained from purchased or rented lists.
- Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
- Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
- Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
You further agree to conduct yourself in full compliance with all applicable laws, whether through the use of Asharperlearning or otherwise.
USER CONTENT AND ASHARPERLEARNING’S RIGHT TO SUCH CONTENT
The Asharperlearning platform allows individuals; Experts and Learners, to upload contents on to the platform. These contents are not owned by Asharperlearning but by the user who uploads such content and as such, it is the sole responsibility of the user that makes it available on the platform.
Asharperlearning does not claim any intellectual property rights over the material you provide to the service; all material you upload remains yours. By uploading your content to the platform, you agree that:
- As Expert, when you post a course on the platform, you agree to allow Asharperlearning share your content to anyone and at any time through any media, including the promotion of such content via advertising through any medium at our disposal.
- As Expert, you agree that by uploading an online course or building an online school through the platform, you are giving us the permission to store your content.
- As a Learner, you are permitted to post questions to the Experts of courses in which you are enrolled, as well as posting written reviews of their courses. In certain circumstances, the Expert may ask you to submit content in the form of assignments or tests. You must not submit any content that was not created by you.
If we receive a claim of infringement concerning the Content or a claim which alleges a breach of any of the terms of this agreement or violates the intellectual property rights of another party, you agree that we may, in addition to any other remedies provided for herein, immediately remove the Content from our platform, pending receipt of a non-infringing replacement content or satisfactory resolution of the claim, and any such removal shall not constitute a breach of this Agreement. You must provide non-infringing replacement Content or resolve the claim to our satisfaction, within five (5) days of notification.
OUR RIGHTS AND YOUR USE OF ASHARPERLEARNING AT YOUR OWN RISK
Asharperlearning platform does not review or edit the courses for legal issues, and we are in no position to determine whether the content of a course is legal or not. Therefore, we do not guarantee the validity, accuracy or reliability of any of the courses on our platform. Your enrollment in a course implies that you rely on the Expert’s knowledge within the course, and you rely on the Expert who created the course(s) at your own risk.
By accessing the ASharperLearning platform, you may encounter content that you consider indecent, offensive, or objectionable. ASharperLearning has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. By enrolling in these courses, you agree to assume all risks that occur as a result of using and applying information with the course(s). Such risks may include illness, disability, bodily injury or even death.
ASharperLearning Institute does not employ or hire teachers, course Experts or school owners. Therefore, we are not responsible for any interactions between Learners and teachers, course Expert, or school owners, we will not be liable for any claims, disputes, damages or injuries that may arise due to the behavior or conduct of Learners or Experts.
When you use our platform or services, you may find links to other websites. Please take note that we do not own such websites; neither do we have any control over them. We urge you to read their terms and conditions and privacy policies if you choose to use their platforms.
A Sharper Learning and its licensors own all rights, title and interests to the Asharperlearning platform. This list includes our website, applications, APIs, databases and content created by our employees or partners on our platform (excludes content made by Learners and Experts).
USE OF INTERACTIVE AREAS AND FEATURES OF THE SITE
Our platform may contain forums, review services or other areas in which users or third parties may post content or messages (The interactive areas). You alone are responsible for your use of such areas. Also, you use them at your own risk. You agree that any content that you post to these interactive areas will comply with these Terms. You further agree that you own or have the rights to any content posted on our platform. You also agree that any content posted by you will comply with all applicable laws (local, federal and international). You also agree that you will not post any content that is defamatory, unlawful, discriminatory, racist, indecent, abusive, violent, hateful, obscene or otherwise offensive.
You also agree that you will not post any content that may infringe any trademark, patent, copyright or other intellectual property that belongs to a third party. Further, you must not post any unsolicited promotions, political campaigns, and advertising on our platform. Also, you must not post any third party’s private information such as email addresses, phone numbers, credit/debit card details etc. without their express consent.
PRICING, FEES AND PAYMENTS TERMS
Pricing: The prices of courses on Asharperlearning are determined based on the terms of the Course Experts and subject to other factors as may be determined from time to time by Asharperlearning.
Asharperlearning may charge Experts fees to access certain features and functionalities of the website and the Services set to a multitier subscription structure, described on our Upload Pricing page.
In turn, Experts may charge Learners, certain fees for access to their respective courses, and depending on how Experts choose to process payment of those fees, Asharperlearning reserves the right to charge a fee per transaction. Please be aware that all paid plans on Asharperlearning are automatically charged at the beginning of your billing cycle unless you send us a cancellation request via email at [email protected] or via our help page.
Fees and Payment: By providing us with your credit or debit card information for payment of fees, you warrant and represent that you authorize Asharperlearning to use this data as a regular payment method to pay the fees when they are due based on the agreement between you and an instructor/Expert.
You agree that by purchasing a service or product on our platform, you will not use a fake, invalid, or unauthorized payment method. You further agree that if your payment fails and you are able to gain access to the course you wish to enroll in, you will pay us the applicable fees within 30 days after we have notified you. You also agree that you permit us to collect fees owed to us through other methods if you do not pay within 30 days. Asharperlearning reserves the right to terminate or block access to any course for which payment has not been adequately made.
If you wish to enroll for any prepaid content or course on our platform, please be aware that we will not grant you access to it until all the required fees have been paid. If a User’s account is past due, then Asharperlearning may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with A Sharper Learning and/or retaining collection agencies or legal counsel.
Asharperlearning will charge user the Fees for the Services in advance for each billing period on or after the first day of such billing period. All Fees for Services are due and payable in US Dollars. If user is paying by credit card (a) user hereby irrevocably authorizes Asharperlearning to charge the credit card or other payment method provided for any such amounts when due, (b) amounts due will be automatically charged, and (c) if user’s credit card is declined, Asharperlearning, will attempt to reach out to user for a new payment method.
From time to time, we may run promotions on the sales of our courses. Specific courses may be available at discounted rates for a certain period. The applicable price at checkout will be the price of that course at that time.
All pricing and payment shall be made with the United States currency (USD).
ASHARPERLEANING SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
An Asharperlearning user is responsible for paying all sums due to Asharperlearning in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Asharperlearning user to use any of the services available through the service provided by Asharperlearning does not relieve the Asharperlearning user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A ASHARPERLEARNING USER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO ASHARPERLEARNING, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING [email protected] AT LEAST FIVE (5) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Asharperlearning can change the monthly and annual membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
Asharperlearning reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Asharperlearning starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
In addition to any Fees, Asharperlearning may also charge applicable value added or other tax.
The fees charged on the platform are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and user will be responsible for payment of all such taxes (other than taxes based on Asharperlearning’s income), fees, duties, and charges and any related penalties and interest, arising from the payment of the Fees, the delivery of the Services, or the licensing of the service to user. To the extent that Asharperlearning charges any of the aforementioned taxes, they are calculated using the tax rates that apply based on the billing address provided by user. Such amounts are in addition to the Fees and will be billed to user’s authorized payment method.
- Due to the direct purchase of online courses, as well as the intangible factor of the products and services (all web based with instant access), there are NO REFUNDS of fees or payments paid for the products or services.
- A Sharper Learning Institute stands firmly behind every course and digital product and service. We ask that you please purchase responsibly and only buy the service or course(s) that you need for obtaining knowledge you desire for career advancement, skill enhancement, job performance enhancement, business know-how, etc.
- If you do not agree to the (NO REFUND) policy, then please do NOT purchase any A Sharper Learning Institute courses at this time. We (your sponsor) will NOT be responsible for any losses or damages incurred as a direct or indirect result of your purchasing decision.
- If an Expert has been allowed to offer a refund period that differs from A Sharper Learning Institute’s general policy, the Expert must provide notice to Learners prior to the purchase of the Content.
- It is the Learner’s responsibility to understand the refund policy for Content prior to purchasing such Content from an Expert.
CANCELLATION AND DELETION
- If you cancel a paid plan, the cancellation will become effective immediately.
- You may cancel your paid account at any time.
- Accounts on paid plans will be considered active accounts unless you explicitly ask us to delete your account.
- If your account is deleted (regardless of the reason), your Content may no longer be available. Asharperlearning is not responsible for the loss of such content upon deletion.
- Upon deletion of your account (regardless of the reason), all licenses granted by Asharperlearning will terminate.
EFFECT OF CANCELLATION/DELETION
In the event that a school, course, Expert account, or Learner account is canceled or deleted, the Expert or Learner may no longer have access to Asharperlearning Content and such Content may be irrecoverable. Asharperlearning shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
COMPLIANT ABOUT COPYRIGHTED CONTENT ON THE PLATFORM
Asharperlearning is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending a notice to our support with the following information:
- Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material. Provide a URL or link to where the material is located, if possible.
- Identify the website, webpage, posting, profile, feedback, or other material that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
- Identify yourself by name. Provide your address, telephone number, and email address.
- Provide contact information for the owner or administrator of the allegedly infringing material, if possible.
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Asharperlearning a counter-notice. Notices and counter-notices should be sent to our appropriate support channel. In response to a Counter Notice, Asharperlearning may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.
ACCESS SUSPENSION, LIMITATION AND TERMINATION
Asharperlearning shall be entitled, without liability to users, to immediately suspend, terminate or limit user’s access to the Services at any time in the event that Asharperlearning determines, in its reasonable discretion, that:
- the Services are being used by user, or its Authorized Users, in violation of applicable federal, state or local law or ordinance or this Agreement;
- the Services are being used by user in an unauthorized, inappropriate, or fraudulent manner;
- the use of the Services by user adversely affects Asharperlearning’s equipment or service to others;
- Asharperlearning is prohibited by an order of a court or other governmental agency from providing the Services;
- there is a denial of service attack or any other event which Asharperlearning determines, in its sole discretion, may create a risk to the Services or to any other users if the Services were not suspended;
- there is a security incident or other disaster that impacts the Services or the security of user Data; or
- any amount due under this Agreement is not received by Asharperlearning within fifteen (15) days after it was due.
Without limiting the generality of this Section, Asharperlearning shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of user‘s right to use the Services pursuant to this Section.
TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Asharperlearning is pleased to hear from users and welcomes your comments regarding our services and products. Asharperlearning may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Asharperlearning’ services or products, in printed and online media, as Asharperlearning determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and users submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Asharperlearning a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Asharperlearning reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Asharperlearning shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
INDEMNIFICATION AND DISCLAIMER OF WARRANTY
You further agree that you will cooperate fully in the defense of any such claims in the event that we decide to get involved in such matter. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Asharperlearning. You further agree to indemnify and hold harmless Asharperlearning from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
The Website and all content and services provided on the Website are provided on an “as is” and “as available” basis. Asharperlearning expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
We do not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. We will not be held responsible for the conduct, whether online or offline, of any User of the Site or Service. We cannot guarantee and does not promise any specific results from use of the Site and/or the Service to obtain a loan.
Asharperlearning makes no warranty, and expressly disclaims any obligation, that:
- the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
- the Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
- the results that may be obtained from the use of the Website or any services offered through the website will be accurate or reliable; or
- the quality of any products, services, information, or other material obtained by you through the website will meet your expectations.
LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ASHARPERLEARNING OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER ASHARPERLEARNING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL ASHARPERLEARNING’S LIABILITY TO YOU EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ASHARPERLEARNING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ASHARPERLEARNING OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.
The website may provide links to other third party websites or resources. However, since Asharperlearning has no control over such third-party websites, you acknowledge and agree that Asharperlearning is not responsible for the availability of such third party websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that Asharperlearning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites.
LINKS TO OTHER SITES AND RESOURCES
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Asharperlearning, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Michigan without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement herein, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Michigan, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.
We agree that any claim we may have against you will also be subject to this arbitration provision. The arbitration will be conducted by a single neutral arbitrator in the English language, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Asharperlearning.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Michigan without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Asharperlearning agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Asharperlearning expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Asharperlearning, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Asharperlearning and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Asharperlearning and you regarding the Services, Products and Content.
Electronic Signature: All information communicated on the Website is considered an electronic communication. When you communicate with Asharperlearning through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Asharperlearning’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Asharperlearning may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by Asharperlearning under these Terms, including those regarding modifications to these Terms, will be given: (i) by Asharperlearning via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: Asharperlearning’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Asharperlearning. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Force Majeure: Asharperlearning will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
HOW TO CONTACT US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to [email protected].
If you have any questions or inquiries concerning these Terms, you may contact Asharperlearning by email at [email protected].