1. Introduction and Eligibility
These Terms constitute a binding agreement between you and us. “You” and “users” shall mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
State of Illinois. At this time, we are not accepting enrollments from the State of Illinois. If you are a citizen of, or residing in, the State of Illinois, please do not sign up for any courses.
Children. No part of the Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.
2. The Service
The “Service” means the website located at https://emerginged.com and all pages contained therein, any associated software, applications, and Internet services under our control, whether partial or otherwise, used in connection with providing the services provided by us. The Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by us (collectively, “Courses” ). These Courses may be made available for free or for a fee, in our sole discretion. Together with our subject matter experts (“SMEs”), we offer a robust curriculum focused on skills development in high-demand areas. The Service will also permit the community of users of the Service to engage in discussions and communications with one another.
Sign Up for a Course. You may express an interest in and, if admitted, sign up for a Course using the Service. We cannot promise the availability of the Course.
Cancellation Policy: The student has the right to cancel the initial enrollment agreement until 11:59 p.m. CT the business day prior to the start of the course. If the right to cancel is not given to any prospective student at the time the agreement is signed, then the student has the right to cancel the agreement at any time and receive a refund on all monies paid to date within 30 days of cancellation. Cancellation must be submitted to EmergingEd customer support in writing.
EmergingEd reserves the right to cancel an enrollment based on conduct violations. If you display threatening, abusive, or dangerous behavior toward any of our staff or other students, then we reserve the right to refuse to allow you to continue taking the course. In such circumstances, you will not be entitled to a refund, and we reserve the right to prevent you from taking any course in the future if we feel that is necessary.
Withdrawal Procedure: Students wishing to withdraw their enrollment in a course at the school must do so in writing:
The request must be emailed to firstname.lastname@example.org.
The request must include the student’s name and course.
- The request must be dated and signed by the student and submitted by 11:59 p.m. CT on the first date of the course in order for a refund to be granted.
Chat Room Service. You may be able to engage in online chat sessions with other users of the Service, including SMEs. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility, reputation or ability to gain employment in the future. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. We make no representations and warranties with respect to the confidentiality of any posts you make through the Service.
We use third-party software, applications and services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
Social Sign-On. The Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
Featuring a Course or SME. The Service may feature a Course or SME as an advertisement, but this is not a recommendation of such Course or SME. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, we make no representations as to the quality or nature of Courses or SMEs shown on the Service or any outcome you may achieve as a result of taking a Course or Courses.
Featuring Your Student Work. We may promote our products and services, including the Course(s) using the work you completed as part of completing a Course (“Student Work”) and you grant us a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with our promotional efforts. Our use will be limited to promoting our products and services. We will include your name and attribute the Student Work to you.
3. Financial Matters
Courses. We may charge you fees to attend a Course. The amount of any fees may be revised by us from time to time and vary from region to region, and Course to Course.
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Service.
Third-Party Payment Processors. We currently use third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment. We make no representations and warranties about the continued availability of any particular form of payment method made available for use with the Service.
Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to Courses you have purchased, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by calling +1-888-311-4933.
Tuition Refund Policy: Students may request a 100% refund of tuition up to 11:59 p.m. CT on the first date of the course. After the first date of the course, no refund will be granted.
All refunds are processed within 30 days of the request date. Students are expected to provide full documentation, as described in items 1–3 under “Withdrawal Procedure” above, at the time of withdrawal to request a refund. The failure of a student to notify customer support in writing of withdrawal may delay refund of tuition.
We may modify our refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. Please call us at +1-888-311-4933 to request a refund.
Taxes. The term “Taxes” includes sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. The currency required for settling transactions with us will be U.S. Dollars. Depending on where you are located, your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes.
Fees Charged by Third-Party Payment Processors. The Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and we are not responsible for any fees charged by them. We disclaim all liability with regard to any fees or problems you have with third-party payment processors.
4. Account Creation and Use by an Agent
You agree that if you create an account and use the Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
5. Your Account
To use some parts of the Service, you must create an account. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
6. EmergingEd’s Content, License, Ownership, and Use
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, course materials, and other content (collectively, “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are our sole and exclusive property or that of our licensors and are protected under copyright, trademark, and other laws. EmergingEd in no way represents or warrants that your use of materials displayed on this website or any of the Content does not infringe the rights of third parties.
License to You. We authorize you, subject to these Terms, to access and use the Service and the Content solely for the use of our services, at our discretion. Any other use is expressly prohibited. Further, such use shall be for a single individual student who is enrolled in one or more of our Courses. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content. You shall not make any copies of the Content.
No material made available on or through the Service may not be copied, reproduced, republished, uploaded, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such materials for your own use. Unless otherwise stated, no Content is in the public domain. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of Content and other materials obtained from the Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of our or our licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the Service, even if authorized for download from the Service, may be redistributed, nor may they be used for any commercial purpose, without our prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no reproductions may be made of any such materials, either electronically or in hard copy.
Additional Licenses. Certain materials made available for download from or through the Service may be subject to additional or different license terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights. There are no implied licenses granted in these Terms.
Our Marks. EmergingEd, the EmergingEd logo, and other EmergingEd logos and product and service names are or may be our trademarks (the “Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Marks.
7. Intellectual Property Rights and Our License to Use
We Claim No Ownership. The Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
If you are a SME, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the Site or through other services offered by us.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Service, any right, title, or interest (including intellectual property rights) in content delivered via the Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Service contains content from users and our other licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
8. Copyright Policy
Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright.
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 believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service;
Your name, address, telephone number, and email address (if available);
A statement that you have 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to us at EmergingEd, 123 N. Wacker Dr. Ste. 2200, Chicago, IL 60606. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
9. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, improvements, inventions, or other materials (“creative ideas”), we shall:
Own, exclusively, all now known or later discovered rights to the creative ideas;
Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
10. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Service or content available on the Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Service. We do not endorse any, nor are we responsible for, User Content on the Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
Frame or link to the Service without permission;
Use data mining, robots, or other data-gathering devices on or through the Service;
Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
Disclose personal information about another person or harass, abuse, or post objectionable material;
Sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
Post advertising or marketing links or content, except as specifically allowed by these Terms;
Use the Service after your account has been terminated, without our consent;
Use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to us or others; or
- Access the Service from a jurisdiction where it is illegal or unauthorized.
11. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.
We may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
12. Our Liability
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release us of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Released Parties Defined. “Released Parties” include us and our its affiliates, officers, directors, managers, owners, members, employees, agents, service providers, partners, educational institutions that we contract with as well as our SMEs, and licensors.
14. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF EMERGINGED CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Service or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
15. General Terms
These Terms constitute the entire agreement between you and us concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
16. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Chicago, Illinois so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
These Terms and the relationship between you and us shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Chicago, Illinois. You covenant not to sue us or bring an action against us in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Dated: August 14, 2019