TERMS OF SERVICE
Last Updated on May 20, 2018.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE ARE EFFECTIVE IMMEDIATELY FOR THOSE REGISTERING ACCOUNTS AFTER MAY 20, 2018 AND WILL BE EFFECTIVE MAY 20, 2018 FOR THOSE WITH PRE-EXISTING ACCOUNTS. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE.
These Terms of Service constitute an agreement (this “Agreement”) by and between you, the ReviewMyeLearning.com website user (“You” or “Your”) and GForce Learning Corp, a Utah Corporation and the owner of www.reviewmyelearning.com (“Provider” or “We”).
- “Account” means the Service plans and features selected by You through Provider’s customer portal at the time of enrollment and accepted by Provider, as such plans may change by mutual consent of the parties, as recorded by Provider through such portal.
- “Content” means software, written materials, graphs, data, text, images, photos, illustrations, designs, audio, video, and all other forms or data or communication.
- “Effective Date” means the date of commencement of the Service as listed in Your Account.
- “Your Data” means data in electronic form input or collected through the Service by or from You.
- “Feedback” means any ideas, suggestions, documents, or proposals.
- “Provider Content” means Content that Provider creates and makes available in connection with the Site.
- “Service” refers to any service offered on the Site, including but not limited to Provider’s Review My eLearning service. The Service includes such features as are set forth on Provider’s website (https://www.reviewmyelearning.com), as Provider may change such features from time to time, in its sole discretion.
- “Site” means the website associated with www.reviewmyelearning.com.
- “Site Content" means all of the Content that is made available in connection with the Site, including, Your Content, User Content, Third Party Content, and Provider Content.
- “Third Party Content” means Content that originates from parties other than the Provider or Site users, which is made available in connection with the Site.
- “User Content” means Content that users submit or transmit to, through, or in connection with the Site.
- “Your Content" means Content that You submit or transmit to, through, or in connection with the Site.
Using the Site.
- Eligibility. To access or use the Site, You must be eighteen (18) years or older and have the requisite power and authority to enter into this Agreement. You may not access the Site if You are a competitor of ours or if You have either been previously banned from the Site or had Your Account closed.
- Permission to Use the Site. Provider grants You permission to use the Site subject to the restrictions in these Terms of Service. Your use of the Site is at Your own risk, including the risk that You might be exposed to content that is offensive, inaccurate, objectionable, or otherwise inappropriate.
- Site Availability. The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
- User Accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site, including the ability to upload Content or review Content. Your Account is for Your personal use only. You are responsible for maintaining the confidentiality of your account password. Your Account is unique to You and You are expressly prohibited from sharing the password associated with Your Account with any third party or otherwise allowing a third party to access Your Account. You are also responsible for all activities that occur in connection with Your Account. You agree to notify Provider immediately of any unauthorized use of Your Account. Provider reserves the right to close Your Account at any time in its sole discretion for any or no reason.
- Communications. By creating an Account, You agree to receive certain communications in connection with the Site, including but not limited to, comments, reviews, and suggestions regarding Content that has been uploaded to the Site.
- Payment. You agree to pay Provider such monthly or annual Service fees corresponding to the Service(s) associated with Your Account. Account Services may be terminated in Provider’s discretion if payments are not received by Provider as required by Your Account.
- Your Responsibility for Your Content. You alone are responsible for Your Content and once uploaded to the Site it cannot usually be withdrawn. You assume all risks associated with Your Content. You represent that You own, or have the necessary permissions to use and authorize the Use of Your Content as described herein. You may not imply directly or indirectly that Your Content is in any way sponsored or endorsed by Provider.
- Provider’s Right to Use Your Content. Provider may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). You grant Provider a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable right to use Your Content for any purpose. In addition, You irrevocably grant the users of the Site and those of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. You irrevocably waive and cause to be waived against Provider and its users, any claims and assertions of moral rights or attribution with respect to Your Content. “Use” as used herein means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between You and Provider, You own Your Content. Provider owns the Provider Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user reviews, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. Provider also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Provider Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Provider Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, Provider does not grant You any express or implied rights, and all rights in and to the Site and the Provider Content are retained by us.
- User Content. Provider reserves the right to remove, screen, edit, or reinstate User Content from time to time at Provider’s sole discretion for any reason or no reason at all, and without notice to You. Provider has no obligation to retain or provide You with copies of Your Content, nor is the confidentiality of Your Content guaranteed.
- Acceptable Use Policy. Provider reserves the right to remove any content for any reason. Provider may also suspend or terminate Your access to the Service, in addition to such other remedies as Provider may have at law or pursuant to this Agreement. This Agreement does not require that Provider take any action against You or any other customer, but Provider is free to take any such action it sees fit.
- Restrictions. You agree not to, and will not assist, encourage, or enable others to use the Site to: (i) write fake or defamatory reviews; (ii) violate any third party rights, including any breach of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual or proprietary right; (iii) threaten or harass others; (iv) violate any applicable law; (v) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, or attempt to manipulate the Site search results or functionality; (vi) violate the Terms of Service; (vii) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or the Site Content, other than Your Content, except as expressly authority in writing by Provider; (viii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; (ix) reverse engineer any portion of the Site; (x) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; (xi) record, process, or mine information about other users; (xii) access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of elearning courses; (xiii) reformat or frame any portion of the Site; (xiv) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Provider's technology infrastructure or otherwise make excessive traffic demands of the Site; (xv) attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; (xvi) use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; (xvii) use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (xviii) use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; (xix) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- DMCA. If You are a copyright owner, or agent of a copyright owner, and believe that any Content or other materials on the Site infringe Your copyright, You may notify Provider by written notice that contains the following:
- a 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 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 that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to located such material;
- information reasonably sufficient to enable Provider to contact You (e.g., an address, telephone number, and, if available, and electronic mail address);
- 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 You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GForce Learning Corp
477 L St
Salt Lake City, UT 84103
- Suggestions. By sending Provider any Feedback, You agree that: (i) Your Feedback does not contain the confidential or proprietary information of any third party; (ii) Provider is under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Provider may have something similar to the Feedback already under consideration or development; and, (iv) You grant Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and You irrevocably waive, and cause to be waived, against Provider and its users any claims or assertions or any moral rights contained in such Feedback.
- Your Warranties. You warrant: (i) that You have accurately identified Yourself through Your Account and will maintain the accuracy of such identification; and (ii) that You are a corporation or other business entity authorized to do business pursuant to applicable law or an individual 18 years or older.
Disclaimers and Limitation of Liability.
PROVIDER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RELATED THERETO. THE SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROVIDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH PROVIDER STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, PROVIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, DATA, REVIEWS, CONTENT, GRAPHICS, AND LINKS.
IN NO EVENT WILL PROVIDER, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING IN THE USE OR INABILITY TO USE THE SITE OR THE MATERIAL ON THE SITE OR OTHER WEBSITES LINKED TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Third Parties. The Site may include links to other websites or applications (each, a "Third Party Site"). Provider does not control or endorse any Third Party Site. You agree that Provider is not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at Your own risk.
- Indemnity. You agree to indemnify, defend, and hold Provider, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Provider Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) Your access to or use of the Site, (ii) Your violation of the Terms of Service, (iii) any products or services purchased or obtained by You in connection with the Site, or (iv) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. Provider will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
- You may terminate this Agreement at any time by deleting Your account, discontinuing Your use of the Site, and providing Provider with a written notice of termination.
- Provider may close Your account, suspend Your ability to use certain portions of the Site, and/or ban You altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent You from accessing Your account, the Site, Your Content, Site Content, or any other related information.
- Effects of Termination. The following provisions will survive termination of this Agreement: (i) any obligation of You to pay for Service rendered or agreed to before termination; (ii) Sections 4, 6, 10, and any other provision of this Agreement that must survive termination to fulfill its essential purpose.
- Notices. Provider may send notices pursuant to this Agreement to Your contact points listed in Your Account. You may send notices pursuant to this Agreement, to email@example.com.
- No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
- Assignment & Successors. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Provider without restriction.
- Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Utah. The parties consent to the personal and exclusive jurisdiction of the state courts of Salt Lake City, Utah and/or the federal courts of the United States located in Salt Lake City, Utah.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.