Thank you for choosing ULearning
Your Acceptance of Terms
Student Accounts and Student Registration; Educational Partners
While any Visitor can view the Courses, in order to use the Courses and take part in the Online Courses, you must select a login identification (“Student ID”) and a Student password (“Student Password”) that is unique and entirely different from your Student ID (collectively, a “Student Account”). You agree that you will never divulge or share access or access information to your Student Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.
In setting up your Student Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will 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 reserve the right to terminate your use of the Courses and your enrollment in the Online Courses, or a Certified Course program, to the extent applicable.
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that:
- you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Class Site or Online Courses for which you have enrolled;
- If you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an Educational Partner, such as accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, ULearning will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course;
- if you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of ULearning, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner;
- you acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution; and you will abide by the Student Conduct Policy listed below.
Online Courses you purchase for academic credit or certification from an Educational Partner or for certification from the ULearning site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.
ULearning and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of ULearning and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of ULearning. By attending the Online Courses, Students acknowledge that ULearning and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as ULearning and the instructors deem appropriate.
Student Conduct Policy
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any Student of the Online Courses agrees that he or she:
- will not harass other Students, Attendees or Visitors;
- will not cheat on any homework assignment or exams for the Online Courses;
- will not post online any Secured Testing Materials (as defined below);
- will not share solutions to homework assignments or exams; and
- and will comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Certified Courses in which such Student is enrolled.
In addition, you may not post, upload, or transmit to or otherwise make available through the Courses or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Courses (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Students of the Courses; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
ULearning’s Intellectual Property Rights
All content or other material available through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of ULearning and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
ULearning logos, trademarks and service marks that may appear on the Courses (“Marks”), are the property of ULearning and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Courses, Online Courses or Certified Courses, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Courses are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of ULearning.
License to Use the Courses
License To Educational Content
ULearning hereby grants you a license in and to the Educational Content. “Educational Content” means the educational materials made available to you through the Online Courses and related materials. Such Educational Content will be considered the “Licensed Material” under the terms of the License. Without limiting the terms of the License, the following are types of uses that ULearning expressly defines as falling outside of the definition of “non-commercial”:
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based a least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
The Online Courses may provide you with the ability to upload forum posts, chat with other Students, Student discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Courses or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “Student Content”). ULearning does not claim ownership of any Student Content you may submit or make available for inclusion on the Courses or Online Courses. Accordingly, subject to the license granted to ULearning below, Student will be the sole and exclusive owner of any and all rights, title and interest in and to the Student Content.
Additionally, from time to time, ULearning (or its third party service providers on behalf of ULearning) may request Students to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to ULearning through a ULearning website/portal or the website/portal of ULearning’s service provider. In the event that ULearning (or its service provider) makes such a request to you, ULearning will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sub-licensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to ULearning (or its applicable service provider), and such subtitles, captions and translations shall be considered Student Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to ULearning); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to ULearning’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the License, and any such license is given under this section. In addition, in the event that you use any tools or other services of ULearning’s service provider in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such servicer provider in conjunction with such use.
With respect to any Student Content you submit to ULearning (including for inclusion on the Online Courses) or that is otherwise made available to ULearning, you hereby grant ULearning an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Student Content on the Courses or in the Online Courses or otherwise exploit the Student Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to Student Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to ULearning above shall be exclusive. ULearning reserves the right to remove any Student Content at any time and for any reason.
To the extent that you provide any Student Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such Student Content and permit ULearning to use such Student Content as provided above, (b) such Student Content is accurate and reasonably complete, (c) as between you and ULearning, you shall be responsible for the payment of any third party fees related to the provision and use of such Student Content, and (d) such Student Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of Student Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of Provided Communication Methods and Related Services
To purchase any services or products offered by ULearning through the Courses, you must have Internet access and a current valid accepted payment method as indicated during sign-up. You agree to ULearning, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the ULearning Courses as they become due
Depending on where you purchase a course, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. ULearning does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. Other than stated above, you hereby acknowledge and agree that ULearning will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction.
Services Availability and Limitations
You acknowledge and agree that ULearning’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that ULearning, at its sole discretion, may limit, suspend, or terminate your use of all ULearning-provided services related to ULearning’s programs, such as access to ULearning Coaches, evaluation services, or certifications. You also understand that ULearning may modify or discontinue all services related to its programs at its sole discretion.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Courses and all Content and services available on the Courses is at your sole risk and responsibility. THE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE COURSES AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE COURSES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE COURSES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE COURSES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE COURSES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Limitation of Liability
Linking to Other Sites
The Courses may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. ULearning does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Courses at any time for any reason or for no reason.
ULEARNING WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
ULearning respects the rights and intellectual property of others, and we ask our Students to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ULearning’s Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
ULearning’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Unified Learning, LLC
111 2nd Avenue Northeast
St. Petersburg, Florida 33701
Phone: (866) 630-6157
Email: [email protected]
Governing Law and Jurisdiction
The Services are managed by Unified Learning, LLC, which is located in St. Petersburg, Florida. You agree that any dispute related to these Terms will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Pinellas County, Florida as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or ULearning may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and ULearning. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Unified Learning, LLC
111 2nd Avenue Northeast
St. Petersburg, Florida 33701
Phone: (866) 630-6157
Email: [email protected]
The section titles herein are displayed for convenience only and have no legal effect.