PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This online Terms and Conditions of Use Agreement (“Agreement”) governs the use of the online learning services offered by Communication Service for the Deaf, Inc. (“CSD” or “CSD Learns”).
The online learning services are offered on the CSD Learns website (“Website”) and includes information, training and other materials, videos, and software applications (collectively, the “Services”).
By registering an account and using the Services, you acknowledge that you have had an opportunity to review this Agreement and agree to be bound by its terms, and as CSD Learns may amend this Agreement from time to time.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND AS THEY MAY BE AMENDED FROM TIME TO TIME, YOU WILL NOT BE PERMITTED TO CREATE OR USE YOUR ACCOUNT OR TO ACCESS OR CONTINUE TO USE ANY OF THE ONLINE LEARNING SERVICES.
- Account Creation. To be eligible to create an account to access the Services, you:
- must be at least 15 years of age (subject to Section 2 below);
- have a valid e-mail address that only you have access to; and
- you are a legal resident of the United States.
- Eligibility of Minors. Access or use of the Services by minors is void where prohibited by applicable law. The Services are not intended for minors under 15 years of age. Minors who are at least 15 years of age may use the Services with parental consent and supervision. By accessing or using the Services, you represent that you are at least 15 years of age and that you have obtained parental consent.
- Account Creation Representations and Warranties. When you create an account, you represent and warrant that:
- the information you provide in the course of creating an account is true and accurate to the best of your knowledge;
- any information you provide, including without limitation, your name, e-mail, or address, will be updated promptly in the event of any change;
- you acknowledge and agree that your e-mail will be used by CSD to send you e-mail communications about your account and any other information related to the Services;
- you have the access to the necessary devices, internet connection, and equipment to access the Services;
- you will use the Services only for its intended purposes; and
- you will use the Services only in the United States.
- Account Login Credentials. The e-mail address you use with your account and the password you have selected will serve as your login credentials (“Credentials”) to access the Services. You are responsible for maintaining the confidentiality and security of your Credentials and for any use of or action taken under your Credentials. You should not disclose your Credentials to any unauthorized third parties. If the security of your Credentials have been compromised, you must change your Credentials immediately.
- Effects of Creating an Account.
- Communications About Your Account from CSD Learns. You agree and consent to receiving electronic communications, notices, and disclosures in connection with your account and your use of the Services (collectively, “Services Communications”) that CSD Learns sends you at the e-mail you list in your account. It is your responsibility to keep your primary e-mail in your account up to date. You understand and agree that if CSD Learns sends Services Communications to you, but you do not receive it because the e-mail in your account is incorrect, out of date, no longer in service, or no longer owned or accessible by you, CSD Learns will be deemed to have delivered the Services Communications to you. If you use a spam filter that blocks or re-routes e-mails from senders not listed in your e-mail address book, you must add email@example.com to your e-mail address book in order to receive any Services Communications that CSD or CSD Learns sends you.
- Responsible Communications and Representations. You agree to communicate lawfully and professionally when using the Services.
- Account Ownership. Your creation of an account to access the Services does not confer rights of ownership of the account to you. CSD Learns owns the account and will permit you to access the account and the Services; provided, however, that such permission is contingent on you accepting, agreeing to, and abiding by the terms of this Agreement.
- Account Closure. If you do not accept the terms of this Agreement or wish to close your account, you may send an e-mail request to firstname.lastname@example.org. However, you understand and agree that CSD Learns is not under any obligation to store the information in your account and that any subsequent actions by you to re-open your account may mean the loss of any information associated with your previous account.
- Account Suspension or Closure by CSD Learns. CSD Learns may also close your account if no activity on your account has been detected for at least six consecutive months. CSD Learns may at any time and without advance notice modify or restrict your use of the Services or terminate this Agreement if CSD Learns determines, in its sole discretion, that your use of the Services: (i) violates this Agreement; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of CSD Learns or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the Services; (vi) may expose CSD Learns to potential legal liability; or (vii) if you fail to meet any other requirements under this Agreement.
- Rights and Duties Upon Termination or Account Closure. Upon termination of this Agreement or account closure, all rights to the Services terminate immediately and you must remove any CSD Learns software or content from your computer or other electronic devices immediately. You remain liable for any acts you have undertaken prior to Termination. If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without CSD Learns’ prior written approval.
- Licenses. Subject to the terms of this Agreement and your successful registration of an account, CSD Learns hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the Services. Your use of the Services shall be strictly in accordance with this Agreement and all policies referenced herein. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, CSD Learns owns and retains all right, title, and interest in the Services and any and all related materials.
- Restrictions on Use. Any CSD Learns account you register and any materials made available for access or download through the CSD Learns website (collectively, the “Website”) are the property of CSD Learns and/or its affiliates. The Website may be protected by federal and international copyright and trademark laws, and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written of CSD Learns or its legal representatives. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by this Agreement or any other applicable end user license agreements are reserved by CSD Learns.
- Website Availability. The Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of CSD Learns, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
- Discontinuance, Modifications, and Changes to Services and/or the Website. Access to the Services and the Website and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice at CSD Learns’ sole discretion. CSD Learns may, at its sole discretion, discontinue any or all aspects of the Services.
- Links or Pointers to Third Party Websites. CSD Learns makes no representations whatsoever about any other third party websites (“Third Party Websites”) that you may access though this Website. When you access a non-CSD Learns Website, you understand that it is independent from CSD Learns and CSD Learns has no control over the content on such Third Party Websites. A hyperlink to a non-CSD Learns website does not mean that CSD Learns endorses or accepts any responsibility for the content, or the use, of the linked Third Party Website. You are responsible for taking all precautions to ensure that whatever you select for your own use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- Your Responsibilities. You agree to comply with the terms of this Agreement and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify CSD Learns promptly if you suspect unauthorized use of your account at email@example.com. Until you notify CSD Learns, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify CSD Learns at firstname.lastname@example.org immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services. As a condition of your use of this Website, you warrant to CSD Learns that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
- Prohibited Activities. In addition to other activities not permitted in this Agreement, you may not modify, reverse engineer, or decompile any aspects of the Services or create derivative works based on the Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of certain files, when authorized, you may not save the files to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
- Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CSD LEARNS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. CSD LEARNS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. CSD LEARNS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CSD LEARNS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. CSD LEARNS IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
- Limitation of Liability. IN NO EVENT SHALL CSD LEARNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF CSD LEARNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CSD LEARNS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CSD LEARNS IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
- Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by CSD Learns is to close your account and terminate this Agreement as provided in this Agreement.
- Term. The term of this Agreement shall commence at the time of your account registration and shall continue for as long as your account remains open and in good standing, and unless earlier terminated as provided for in this Agreement.
- Independent Contractor. Neither party to this Agreement shall, for any purpose, be deemed to be an agent of the other party and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
- You can review the most current version of this Agreement at any time on this page. CSD Learns may modify the terms of this Agreement from time to time without notice to you. It is your responsibility to check this Agreement periodically for changes. Continued use of the Website and Services after any modifications to the terms of this Agreement constitutes your acceptance of such modified terms.
- CSD Learns shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions, in connection with: (i) the access or use of the Website and Services; (ii) any violation of any term of this Agreement; or (iii) any breach or violation of a right of any third party or of any law, statute, ordinance or regulation related to use of the Website and Services. You agree to indemnify, defend and hold harmless CSD Learns, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this Section 22, including but not limited to reasonable attorney’s fees.
- Legal Notices. All legal notices to CSD Learns shall be sent via certified mail, return receipt requested to the address listed below, with a copy sent by e-mail to email@example.com. CSD Learns’ receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.
Communication Service for the Deaf, Inc.
Attn: Legal and Compliance
2028 E Ben White Blvd #240-5250
Austin, TX 78741
- No Assignment. You may not transfer or assign any part of or the entire Agreement and the rights hereunder to any other person or entity without CSD Learns’ prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
- Voluntary Agreement. You affirm that you have carefully read this Agreement, understand the contents, had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this Agreement.
- If any provision of this Agreement shall for any reason or to any extent be found invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected thereby, but, rather, shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid or unenforceable, there shall be added automatically as part of this Agreement a provision as similar in terms to such provision deemed illegal, invalid or unenforceable as may be possible and which shall be legal, valid, and enforceable.