Learnatek offers products and services provided by Learnatek (“Learnatek,” “us,” “we,” or “our”). These Terms of Use (“Terms”) govern your use of our website, apps, and other products and services (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST LEARNATEK. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.

Who May Use our Services

You may use our Services only if you can form a binding contract with Learnatek, and only in compliance with these Terms and all applicable laws. When you create your Learnatek account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies including the Acceptable Use Policy, course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Learnatek, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access. Content Offerings

Changes to Content Offerings

Learnatek offers courses and trainings which are not credentialed. Learnatek reserves the right to cancel, interrupt, reschedule , or modify any content, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with the training or course objective.

No Academic Credit

Learnatek, instructors, and other associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Learnatek, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the Learnatek platform by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between Learnatek and Content Providers, such Content Offerings are governed by the relevant agreements in place between Learnatek and Content Providers.

How Learnatek and Others May Use User Content

To the extent that you provide User Content, you grant Learnatek a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Learnatek the right to authorize Content Providers to use User Content with their registered students. Nothing in these Terms shall restrict other legal rights Learnatek may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Learnatek does not waive any rights to use similar or related Feedback previously known to Learnatek, developed by our employees, contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Learnatek cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing supporta@learnatek.com.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Learnatek cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Learnatek disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.

Copyright and Trademark

Learnatek respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Learnatek Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.

Education Research

Learnatek is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from Learnatek

Learnatek offers paid Services (e.g., courses, training and consultancy services) for certain for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for Learnatek and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Learnatek reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.

Modifying or Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Learnatek may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Learnatek, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Learnatek Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

The services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. The learnatek parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The learnatek parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Limitation of Liability

To the maximum extent permitted by law, the learnatek parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable learnatek party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall learnatek’s aggregate liability for all claims related to the services exceed twenty u.s. dollars ($20) or the total amount of fees received by learnatek from you for the use of paid services during the past six months, whichever is greater. You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and the learnatek parties, and that these limitations are an essential basis to learnatek’s ability to make the services available to you on an economically feasible basis.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless the Learnatek Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Venue

The Services are managed by Learnatek, which is located in Harris County, Austin, Texas. You agree that any dispute related to these Terms will be governed by the laws of the State of Texas, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Learnatek will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Harris County, Austin, Texas as the legal forum for any such dispute.

Acceptable Use Policy

Our mission is to transform lives through learning by providing cost-effective, flexible, and personalized instructional training products and services to businesses, industry, individuals, life-long learning, and e-learning sectors. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services. You are prohibited from using our Services to share content that:

• Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that diverse groups of users use Learnatek, and we do not allow content that is inappropriate for users.
• Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
• Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
• Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
• Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
• Otherwise violates the Learnatek Terms of Use.

Please note that specific Content Offerings may have additional rules and requirements.

DO NOT:

• Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
• Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
• Attempt to access any other user’s account.
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
• Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to reverse engineer any portion of our Services.
• Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
• Use our Services to distribute malware.
• Use our Services or any functionality of the Learnatek platform for anything other than for completing online courses or for pedagogical purposes.
• Impersonate or misrepresent your affiliation with any person or entity.
• Encourage or help anyone do any of the things on this list.

Copyright and Trademark Policy

Learnatek respects the intellectual property rights of our Content Providers, instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Learnatek platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

• the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Learnatek to locate the material on the platform;
• the name, address, telephone number, and email address (if available) of the complaining party;
• a 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
• 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 then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can be sent: via email: copyright@Learnatek.org

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Learnatek also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Learnatek in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at copyright@Learnatek.com and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Refund Policy

For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ between subscription payments and one-time payments made for course, specialization, and guided project purchases, and that payment options may vary from one offering to another. Please also note that we treat violations of our Terms of Use very seriously, and we have no obligation to offer refunds to users who violate these or other Learnatek policies, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to users who are otherwise unsatisfied with the instructor feedback.