Terms of Use

Last Updated: January 1, 2021

Welcome to our website, The eLearning Designer’s Academy (“Website”). Please review the following terms and conditions (“Terms of Use”) before using the Website. These Terms of Use, which may change from time to time (see Changes to this Policy), apply to all visitors to, or users of, the Website. Your continued use of the Website after changes are made is deemed to be acceptance of those changes, so please check this policy periodically for updates. If you have any questions about these Terms of Use, email us at tim@elearningacademy.io.

Your Use Generally

These Terms of Use are entered into by and between you and The eLearning Designer’s Academy (“we” or “us”), which is owned and operated by Tim Slade Omnimedia, LLC. These Terms of Use and our Privacy Policy govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree with our policies and practices, your choice is not to use the Website.

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are at least 18 years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Accessing the Website

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Ownership of Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by The eLearning Designer’s Academy, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website. Further, you must not (a) modify copies of any materials from this site, (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, and (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by The eLearning Designer’s Academy. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our company name, the term “The eLearning Designer’s Academy” and all related names, logos, product and service names, designs, and slogans are trademarks of The eLearning Designer’s Academy or its affiliates or licensors. You must not use such marks without the prior written permission of The eLearning Designer’s Academy. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

User-Generated Content

Posting Guidelines

The Website may contain message boards, personal web pages or profiles, forums, bulletin boards, chat rooms, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Generated Content”) on or through the Website. By posting any User-Generated Content, you acknowledge and agree to the following terms:

  • Standards: All User-Generated Content must comply with the Content Standards set out in these Terms of Use.
  • Use: All User-Generated Content will be considered non-confidential and non-proprietary. By posting any User-Generated Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
  • Ownership: By posting any User-Generated Content, you represent and warrant that you own or control all rights in and to the User-Generated Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You are responsible for any User-Generated Content you submit or contribute, and you, not The eLearning Designer’s Academy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User-Generated Content posted by you or any other user of the Website.

Content Standards

All User-Generated Content that you post is subject to the following standards:

  • Commercial Activity: User-Generated Content must not contain commercial activities or sales, such as contests, sweepstakes, sales promotions, bartering, or advertising.
  • Decency and Discrimination: User-Generated Content must not be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. Sexually explicit, violent, or pornographic material is strictly prohibited. User-Generated Content must not discriminate based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
  • Misrepresentation: User-Generated Content must not be likely to deceive any person or misrepresent your identity or affiliation with any person or organization, including The eLearning Designer’s Academy.
  • Intellectual Property: User-Generated Content must not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Legal: User-Generated Content and your use of Interactive Services must comply with all applicable federal, state, local, and international laws and regulations. User-Generated Content must not violate the legal rights, including the rights of publicity and privacy, of others. User-Generated Content must not contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; promote any illegal activity; advocate, promote, or assist any unlawful act; or otherwise be in conflict with these Terms of Use and our Privacy Policy.
  • Nuisance: User-Generated Content must not cause annoyance, inconvenience, needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Prohibited Uses of Website

You agree not to use the Website in the following ways:

  • Harassment: You must not use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, harms The eLearning Designer’s Academy or users of the Website, or expose them to liability. In particular, you must not exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. You must not use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Legal: You must not use the Website any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Misrepresentation: You must not impersonate or attempt to impersonate The eLearning Designer’s Academy, an employee of The eLearning Designer’s Academy, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • Security: You must not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website. Furthermore, you must not (a) use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose; (b) use any manual process to monitor or copy any of the material on the Website for any other purpose not expressly authorized in these Terms of Use; (c) use any device, software, or routine that interferes with the proper working of the Website; (d) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; and (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement

We have the right to take any action with respect to any User-Generated Content that we deem necessary or appropriate in our sole discretion, including the right to remove or refuse to post any User-Generated Content for any or no reason. We may terminate or suspend your access to all or part of the Website for any or no reason, and we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE ELEARNING DESIGNER’S ACADEMY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The eLearning Designer’s Academy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The eLearning Designer’s Academy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Notice of Copyright Infringement

If you believe that any User-Generated Content or other material on the Website by third parties violates your copyright, you may notify us via email at tim@elearningacademy.io. In order to submit a notice of claims of copyright infringement, please provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists;
  • Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit The eLearning Designer’s Academy to locate the same;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, email address;
  • A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

If you fail to comply with all of the requirements below, your notice may be considered invalid.

Online Purchases and Other Terms and Conditions

We work with third parties who provide services to us, such as web hosting and e-commerce services. These third parties may have their own terms and conditions that apply to specific portions, services, or features of the Website. For example, all purchases made through the Website for the online courses are governed by third party service provider Thinkific’s Terms of Service. Additional terms and conditions governed by various other third parties may also apply elsewhere on the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking

Links From The Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Linking To The Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (c) link to any part of the Website other than the homepage; and (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

The owner of the Website is based in the State of Arizona in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ELEARNING DESIGNER’S ACADEMY NOR ANY PERSON ASSOCIATED WITH THE ELEARNING DESIGNER’S ACADEMY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ELEARNING DESIGNER’S ACADEMY NOR ANYONE ASSOCIATED WITH THE ELEARNING DESIGNER’S ACADEMY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ELEARNING DESIGNER’S ACADEMY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ELEARNING DESIGNER’S ACADEMY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless The eLearning Designer’s Academy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User-Generated Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At The eLearning Designer’s Academy’s sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by The eLearning Designer’s Academy of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The eLearning Designer’s Academy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Changes to this Policy

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time you access the Website so you are aware of any changes, as they are binding on you.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The eLearning Designer’s Academy regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Us

All feedback, comments, suggestions, requests for technical support, notices of copyright infringement claims, and other communications relating to the Website should be directed to tim@elearningacademy.io. Any personally identifiable information you provide to us through the Website or via email is subject to our Privacy Policy.