TERMS OF SERVICE

Updated November 15th, 2018

These Terms and Conditions ("Terms") govern your use of the Knowdeon (“We”, “Us”, “Our”) website, and other products and services ("Services"). Please read these Terms carefully, and contact [email protected] if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
 
Who May Use Our Services
You may use our Services only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. When you create your Knowdeon 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 courses may have additional requirements, such as admission criteria, and/or restrictions.
 
Our License to You
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
 
User-Provided Content
The Services enable you to share your content (“User Content”), related to and produced during courses, with Knowdeon, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for the User Content that you share. To the extent that you provide User Content, you grant us a fully-transferable, royalty-free, perpetual, sub-licensable, 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 Knowdeon the right to authorize partner organizations and institutions to use User Content in compliance with these Terms. Nothing in these Terms shall restrict other legal rights we may have to User Content.
 
Security
While Knowdeon works to the fullest extent to protect the information of its users, we 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 [email protected].
 
Third-Party Content
Knowdeon cannot guarantee that any third-party content, referenced or provided 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. Knowdeon disclaims any responsibility or liability related to your access or use of such third-party content.

Academic Credit Policy
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate (or an equivalent credential) for that course. Knowdeon, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.
 
Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Knowdeon may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.
 
Copyright and Trademark Policy
Knowdeon respects the intellectual property rights of our users, partner organizations and institutions, and other third parties. We expect and require our users to do the same while using the Services.

Paid Services
Knowdeon offers its Services for a fee. Unless stated otherwise, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable 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 Knowdeon reserves the right to change any fees at any time and at its sole discretion. Any change, update, or modification will be effective immediately upon posting by Knowdeon through the relevant Services.

Modifying and Terminating our Services
Knowdeon works constantly to develop and improve our Services. We reserve the right to add, remove, and modify functions, features, requirements, or suspend or stop a Service entirely. Accordingly, we may terminate your use of any Service for any reason. If your use of a paid Service is terminated prior to its applicable conclusion, you will be entitled to a full or partial refund proportionally based on the number of days elapsed into the course relative to the full duration effective upon the launch date of the course.

Course Modifications
Knowdeon reserves the right to cancel, interrupt, or reschedule any course or to modify any course content, including but not limited to videos, text, format, and assessment.
 
Acceptable Use Policy
Knowdeon may at our sole discretion and at any time remove or edit inappropriate or potentially harmful content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
 
Refund Policy
If you cancel your paid enrollment for a course, Knowdeon will offer you a complete refund until 7 days after payment, provided that the date of cancellation is 30 calendar days before the launch date of the course. For the avoidance of doubt, we have no obligation to offer late refunds to learners who do not complete a course for any reason.
 
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE KNOWDEON 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 KNOWDEON 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 KNOWDEON 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 KNOWDEON 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 THE AGGREGATE LIABILITY OF KNOWDEON FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY KNOWDEON 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 KNOWDEON PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR 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 Knowdeon 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 Jurisdiction
The Services are managed by Knowdeon, Inc., which is located in San Mateo County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions.

Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability, Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
 
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.