Learnsity's Terms of Service
Last modified: July 14th, 2014
Welcome to Learnsity!
Thank you for using our products and services ("Services"). Services are provided by Learnsity LLC. ("Learnsity"), located at 11380 Prosperity Farms Road # 221E Palm Beach Gardens FL 33410.
I. General Conditions
What you can and cannot do in or with Learnsity
PLEASE READ THIS AGREEMENT "SERVICE TERMS AND CONDITIONS" (?Terms?) BEFORE ACCESSING OR PARTICIPATING IN ANY AREA OF PARTICIPATION (FORUMS, MAILING LISTS, COURSES, MESSAGING, NEWS GROUPS, ANNOUNCEMENTS, SERVICES, AMONG OTHERS) PROVIDED BY Learnsity LLC ("Learnsity") FROM THE POINT OF ENTRY URL (http://www.learnsity.com) AND ITS RELATED WEB PAGES OR SITES (?Learnsity Platform?). BY USING AND PARTICIPATING IN THE COURSES OR WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND ACCEPT THE SERVICE TERMS AND CONDITIONS, AND THAT THESE ARE A BINDING AGREEMENT BETWEEN YOU AND Learnsity, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PLEASE DO NOT ACCESS THE SITES. INSTRUCTORS AND PARTICIPATING INSTITUTIONS ARE THIRD-PARTY BENEFICIARIES OF THESE TERMS AND MAY ENFORCE THE PROVISIONS RELATED TO PARTICIPATING INSTITUTIONS.
Signing in and course registration is limited to individuals aged 18 or over, emancipated minors or those individuals who have the express consent of their parents or guardians, and are fully able and competent to enter into the terms, conditions, obligations, statements, representations and warranties herein. By registering on the services or functions of Learnsity Platform, you declare that you are 18 years of age, an emancipated minor or in possession on the consent of a parent or legal guardian, and that you have the authority to enter into the terms described. By participating or using our services, you declare that you are aged 13 or over, since the services of the Learnsity Platform are not addressed to children under 13 years of age. If you are under 13 years of age, do not enter our sites. All persons wishing to sign in and participate must meet the minimum requirements set out in these Terms and comply with the Code of Conduct. Additionally, some courses may have additional eligibility requirements, as specified in the respective course. If you do not qualify to enroll or you do not agree to these Terms, do not use the Learnsity Platform.
Right to modify the Terms and Conditions
We reserve the right to change or modify our Service Terms and Conditions at any time. Any change or modification to the Terms will be effective immediately upon its publication. For any changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, the continued use of the Learnsity Platform after such changes are posted, with or without notice, constitute a binding acceptance of the modified Service Terms and Conditions.
The Learnsity Platform may include spaces for participation containing the personal opinions and other expressions of people and instructors who post entries on a wide range of topics. Neither the ?User Content? (as defined below) on these sites, or links to other web sites are evaluated, mediated, approved or reviewed by Learnsity or its participating institutions. By taking part in these spaces for participation, you agree that Learnsity and any of its associated entities are not responsible for the content of the entries therein. Learnsity reserves the right (but not the obligation) to remove any entry it deems inappropriate to its sole discretion.
Standards for Online Conduct
You agree to use the Learnsity Platform according to the available Code of Conduct and in accordance with all the applicable laws.
In order to fully use all the services of the Learnsity Platform, you must register with your email address and password to get a personal account ("User Account"). You agree not to disclose information or share access to your user account to any third party for any reason.
In setting up your user account, you may be asked or required to enter additional information, including but not limited to your name and location. Additional information may be needed to confirm your identity. You declare that all information provided is accurate, current and complete, and you agree to maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we do have the right to suspend your user account in the Learnsity Platform.
Online Courses and Certifications
In some courses ?notwithstanding satisfactory performance in the online course, as indicated in the conditions of the Instructors and the participating institutions? the participant will be awarded a certificate acknowledging completion of the course ("Certificate of Participation"). This Certificate of Participation will be awarded at the discretion of Learnsity and/or its instructors. You acknowledge that the Certificate of Participation, if given to you, is not binding Learnsity or any college or university. Learnsity reserves the right to award or not to award a Certificate of Participation for its Online Courses.
You agree that Learnsity Certificates of Participation and Online Courses do not replace courses taken at a certified academic institution, and do not entail academic credits. You agree that neither the instructors of any online course or partner institutions will be involved in attempts to get the course recognized or certified by any educational institution. The format of the Certificate of Participation will be determined at the discretion of Learnsity and/or its instructors, and can vary both in terms of format and content.
Student-institution relationship waiver
Materials and contents use and ownership
All content or other materials available in the Learnsity Platform and its catalog of Online Courses, including but not limited to codes, images, texts, graphics, arrangements, displays, illustrations, audio and video clips, HTML files and other contents, are the property of Learnsity and/or its instructors, affiliates or licensors. Therefore, they are protected by copyright, patents and/or intellectual property rights under the United States and foreign laws. Learnsity recognizes the individual or organization that acts as instructor of the course all intellectual property and copyright in all content related to the activities of a course.
Taking into consideration the acceptance of the terms and conditions contained herein, Learnsity grants you a personal, nonexclusive, nontransferable license to use the Learnsity Platform and to access those Online Courses to which you have signed in through the registration process offered by Learnsity. You can access the material from the site or the applications offered by Learnsity only for your personal, noncommercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or transfer any material, and you may not modify or create derivative works from these materials. It is your sole responsibility to determine whether the use of any information, software or other contents on the Learnsity Platform is permissible.
Learnsity reserves the right to use extracts of content to promote courses that are offered publicly to any Internet user, this in order to generate more traffic and users to the course at a profit agreement to the instructor and to Learnsity.
Manual for material submissions
Different courses may also offer the possibility of uploading or submitting information to Learnsity about courses and related services ("Comments"). By submitting comments, you grant Learnsity and the institutions involved an irrevocable license to use, disclose, reproduce, distribute, sublicense, create derivative works of, publicly perform and publicly display such communications received.
Responsibility for the contents of an Online Course
Learnsity will not review, validate or guarantee the quality or relevance of the Online Courses; these are published by the instructors at their discretion. Learnsity provides the users with mechanisms to express their opinions and help other users to learn from their experience concerning the quality of an Online Course. Learnsity also provides the mechanisms for reporting the presence of inappropriate content, information which will be reviewed by Learnsity without time-frame obligations. Learnsity will take those actions it deems appropriate, from ignoring the notification to canceling an Online Course or User Account.
Links to other sites
The Learnsity Platform and/or Online Courses may include hyperlinks to other websites maintained or controlled by others. Neither Learnsity nor the participating institutions are responsible for approving, reviewing or validating the content or use of any products or services that may be offered on those sites.
The Learnsity Platform is managed by Learnsity, which is located at 11380 Prosperity Farms Road #221E Palm Beach Gardens FL 33410. You agree that any dispute arising out of or relating to these Terms or any content posted on the Online Courses, including copies thereof and new editions, whether based on contracts, torts, statutory laws or otherwise, shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further agree to personal jurisdiction and venue exclusively in federal and state courts located in and serving Palm Beach County as the legal forum for any disputes.
Excluding requests for injunctive relief, for claims related to the Learnsity Platform or its Online Courses where the total amount requested is less than ten thousand dollars ($ 10,000.00 USD), either you or Learnsity can choose at any time during the dispute to resolve the claim through binding non-appearance-based arbitration. The conflict then resolved by a provider established alternative dispute resolution ("ADR"), by mutual agreement between you and Learnsity. The parties and the ADR provider selected shall not involve any personal appearance by the parties or witnesses unless mutually agreed by the parties, but that arbitration will be conducted, at the option of the party seeking relief, online, by telephone or through written communications only. Any verdict rendered by the arbitrator may be entered in any court of competent jurisdiction.
Disclaimer of Warranty / Limitation of Liability
THE Learnsity Platform, ITS ONLINE COURSES AND/OR ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" OR ?AS AVAILABLE?, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ?WITHOUT LIMITATION? THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Learnsity, THE PARTICIPATING INSTITUTIONS, INSTRUCTORS AND STAFF (THE "Learnsity Parties") MAKE NO WARRANTIES, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ONLINE COURSE, THE SITE, THE INFORMATION OBTAINED FROM THE SITE, OR A LINK TO ANOTHER SITE. THE Learnsity Parties MAKE NO WARRANTIES THAT THE SITE OR COURSES SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WITHOUT LIMITING THE FOREGOING. THE Learnsity Parties MAKE NO WARRANTIES THAT: (A) THE PLATFORM OR ITS ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR EXPECTATIONS, OR ACHIEVE THE INTENDED PURPOSES; (B) THE PLATFORM OR THE ONLINE COURSES WILL PROVIDE A TIMELY, SECURE, ERROR-FREE OR OTHERWISE UNINTERRUPTED SERVICE; (C) THE INFORMATION OR SERVICES OBTAINED THROUGH THE ONLINE COURSES OR SITES SHALL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SAFE AND RELIABLE; OR (D) SHORTCOMINGS IN THE PLATFORM OR THE ONLINE COURSES WILL BE INMEDIATELY CORRECTED. NEITHER Learnsity Party MAKES ANY STATEMENT ON THE ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE Learnsity Platform. YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITES MAY BE IMPAIRED. Learnsity Parties DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR IN CONNECTION WITH SUCH EVENTS DEALING WITH THE ACCESS OR USE OF THE PLATFORM OR THE ONLINE COURSES, OR ANY INFORMATION OR SERVICES RELATED TO THEM.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS OR USE OF THE PLATFORM, THE ONLINE COURSES, OR ANY INFORMATION OR SERVICES RELATED TO THEM, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Learnsity Parties, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF CAPACITY FOR Learnsity TO BE ECONOMICALLY VIABLE TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE Learnsity Platform AND ITS ONLINE COURSES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION. OTHERWISE, SUCH ACTION EXPIRES.
The Act "Digital Millennium Copyright Act" (DMCA) provides resources for copyright owners who believe that material appearing on the Internet infringes their rights under USA copyright law.
If you believe in good faith that materials in the Learnsity Platform violated your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material claimed to have been infringed (or if multiple copyrighted works located on the Learnsity Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or that is the subject of infringing activity, and reasonably sufficient information to allow Learnsity locate the material; (d) the name, address, phone number and email address (if available) of the complaining party; (e) statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and, (f) a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the legal requirements then in effect imposed by the DMCA, see http://www.loc.gov/copyright for details. Notices and counter-regarding Site should be sent electronically and physically firstname.lastname@example.org 11380 Prosperity Farms Road # 221E Palm Beach Gardens FL 33410.
We suggest that you consult your legal advisor before filing a notice. Also, keep in mind that there can be penalties for false claims under the DMCA.
You agree that either Learnsity or its participating institutions, at their discretion, may terminate your use of the Learnsity Platform or your participation in the same, for any reason or no reason; and that the Learnsity Parties will have no liability whatsoever for such action. Furthermore, you also recognize that your relationship with Learnsity and its participating institutions is as defined in these terms; and, in order to avoid possible misunderstandings, we hereby re-state that you do not acquire student status at any participating institution by taking part in any of the Online Courses available in the Learnsity Platform; and that you are not entitled to any claim or dispute resolution process for other students at any participating institution. You further agree that Learnsity has the right to cancel, postpone, reschedule or modify any Online Course format at any time, and that none of the Learnsity Parties have any liability for such an action. If you no longer wish to participate in the Learnsity Platform, you can cancel your participation in it by notifying Learnsity.
Some functionalities of the Learnsity Platform can be used without revealing any personal information, although characteristics of the Online Courses and some of their related services may require personal information. If you are not using these specific functions or services, then the only information we collect will be "Non-Personal Information" (i.e., information that cannot be used to identify you). Non-personal information includes information such as the Web pages you have visited. In order to access certain features and benefits of Learnsity, you may be required to provide ?Personally Identifiable Information - PII" (i.e., information that can be used to identify you). Personally identifiable information may include information such as your name and email address, among other details. You are responsible for ensuring the accuracy of the personally identifiable information you submit to Learnsity. Misinformation can affect your ability to use the Learnsity Platform, the information you receive and our ability to contact you. For example, your email address must be current, as it is one of the main ways we have to contact with you.
What do you authorize by using our site?
The information we collect
We collect two types of information about users via the web:
Non-personal information: When users come to our site, we may track, collect and aggregate non-personal information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were "clicked". We also collect information about the URLs from which you linked to our site. Collecting such information may include registration of the IP address, operating system and browser software used by each user. Although such information is not personally identifiable information, we may be able to determine from an IP address a user's Internet Service Provider and the geographic location of your point of connectivity.
You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookies, many features and amenities of this site will not function correctly.
Personally identifiable information: We collect personally identifiable information you provide when you sign up to receive updates via email or online, participate in our interaction spaces, send emails, and/or participate in Online Courses or other services on the Learnsity Platform. We may use the personally identifiable information you provide to respond to questions; provide the specific course and/or services you select, send you updates about the online courses offered by Learnsity or other Learnsity events, and send you email messages about maintenance or site updates, among other things.
Updates. Learnsity can offer you the ability to receive updates via email or by posting information on updates available on parts of the Learnsity Platform accessible only to registered users. To subscribe to these services, you may be asked to provide personally identifiable information, such as your name and email address.
Spaces for Participation. Learnsity may offer opportunities for participation where you can share your ideas and opinions on a subject. These spaces can be forums, comment areas, etc. To participate in these forums, you may need to register with us and/or providing us with personally identifiable information, such as your name and email address. Personally identifiable information will not include any information published or sent by or to you through any space for public participation.
Participation in Online Courses. Learnsity can offer you the opportunity to participate in an Online Course on or through the Learnsity Platform. If you wish to participate in a course, you will be asked to provide certain information necessary to conduct such a course. This information may include, among other things, your name and email address.
Communications with Learnsity. We may receive personally identifiable information when you send us an email or otherwise contact us.
Third Party Sites. We may receive personally identifiable information when you visit or access a third party site, such as Facebook, from our site. This may include text and/or images of your personally identifiable information available on the third-party site.
How do we use this information?
Please take the time to familiarize yourself with the different ways that Learnsity use the information we collect.
Non-Personal Information. We use non-personal information in aggregate form to build higher quality services by performing statistical analyzes of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific data areas of our site. We can also use it for other commercial purposes.
Updates. We use personally identifiable information collected when you sign in Learnsity Platform or an Online Course. We save this information for future communications with you related to Learnsity Platform or an Online Course.
Spaces for Participation. We use personally identifiable information collected in order to facilitate the use of the spaces for participation. This information can be viewed through our platform extensions such as mobile applications. We reserve the right to reuse posts containing personally identifiable information in future versions of a course or other services with the purpose of improving course supply. We may store this information and/or use it for future communications with you and/or your representative(s), and/or make it available it to the Instructor(s) associated with the course. We may also use or publish messages sent to the forums without using the personally identifiable information.
Participation in Online Courses. We use the personally identifiable information we collect from you when you participate in an Online Course through the Learnsity Platform for processing purposes, including but not limited to tracking attendance, progress and completion of an Online Course. We may also share your personally identifiable information and performance in an Online Course with the instructor(s) offering the course, with teaching assistants or other persons designated by the instructor or instructors to assist in the creation, modification or operation of the course, and the institution with which they are affiliated. Also we may archive this information and/or use it for future communications with you.
Communications with Learnsity business partners. We may share your personally identifiable information with our business partners so you can receive information from our partners related to the services they offer. These third parties offer services related to Learnsity. Moreover, Learnsity will never share information with these third parties as an opportunity to profit.
Disclosure to Learnsity operations and maintenance contractors. Our operations and maintenance contractors may have restricted access to your personally identifiable information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology and/or services related to the operations and maintenance of the Site or our Online Course contents. Access to your personally identifiable information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Government authorities, legal rights and actions. Learnsity may share your personally identifiable information with various government authorities in response to subpoenas, court orders or other legal process, to establish or exercise our legal rights or to protect our property, to defend against legal claims, or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us. We may also share your personally identifiable information when we believe it is appropriate to investigate, prevent or take action regarding illegal or suspicious activities, protect and defend the rights, property or safety of Learnsity, the Learnsity Platform, our users, customers, or others, and in relation to the Conditions of Use and other agreements.
Disclosure to purchasers. Learnsity may disclose and/or transfer your personally identifiable information to a purchaser, successor entity, assignee or other in connection with a sale, merger or reorganization of all or substantially all of the Learnsity business or assets.
Confidentiality and security of Personally Identifiable Information
Update or delete your Personally Identifiable Information
We maintain a procedure in order to help you confirm that your personally identifiable information remains accurate and current, or choose whether or not to receive materials from us or our partners.
You can also update your personally identifiable information by logging into the site and visiting your user account page. You can also contact us through email@example.com. We try to answer all emails quickly, but it is not always possible. If you request removal of your User Account, please note that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your personally identifiable information.
If you have any questions regarding privacy or unsolved problems, you can contact us through firstname.lastname@example.org.
Protecting the privacy of children
Learnsity believes strongly in protecting the privacy of children. According to this belief, we do not collect or maintain personally identifiable information on our Site from persons under 13 years of age, and no part of our website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access to this Site at any time and in any manner. We will take appropriate steps to remove any personally identifiable information from anyone under 13 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such personally identifiable information.
Publishing and subscription
Please find our policies for Course Publishing and Subscription Agreement and Participation Agreement in these links.
III. Code of Conduct
All instructors and learners participating in our Online Courses must agree to abide by the following code of conduct:
- The spirit of Learnsity is to promote learning, which should take place in an environment of trust, support and collaboration. This principle should guide our communications and interactions.
- Learnsity rewards the desire to learn and invites all of its users to share this principle, under the premise that learning is a process that takes time and progresses differently in each individual. Course enrollment is a powerful statement of this desire to learn, and as such it is regarded.
- My answers to assignments, quizzes and tests will be my own work (except for assignments that explicitly allow for collaboration).
- I will not make the results of the assignments, tests or examinations available to anyone else. This includes the results written by me and the official solutions provided by the course staff.
- I will not engage in any dishonest activity or fraudulent use of the findings of others that would improve my results.
- I will not post any of the following content ("Prohibited Content") on any part of the Learnsity Platform:
- Content that defames, harasses or threatens others.
- Content that discusses illegal activities with the intent to commit such activities, or encouraging others to commit such activities.
- Content that implies violation or misappropriation of intellectual property rights, including ?but not limited to? copyrights, trademarks or trade secrets.
- Content that I do not have the right to disclose under contractual obligations of confidentiality or fiduciary obligations.
- Content, material, language or images which are obscene (e.g., pornography).
- Advertising, promotional materials, or any other forms of commercial solicitation.
- Content or otherwise that could harm other users or visitors to the Sites.
- Content that is illegal or that violates any local, state, national or international law.
- Learnsity reserves the right to remove prohibited content, but has no obligation to do so.
- Copyrighted materials, including ?without limitation? software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Learnsity Platform without the express permission of the copyright in the material, or without the legal right to use the material.
- In addition, as a condition to access Learnsity Services, you agree not to: (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the information received, other than as expressly permitted in these Terms; (b) use Learnsity, its name, trademarks, server, or other materials in connection with Learnsity to transmit any unsolicited communication or email; (c) use any form of high volume, automated or electronic access to the Site (including ?without limitation? robots, spiders, scripts or scraping tools on the web); (d) interfere with or disrupt the Site, its servers, or networks connected to the Learnsity Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Learnsity Platform.
Finally, you agree not to access or attempt to access another user's account, or misrepresent or attempt to misrepresent your identity while using Learnsity services.