IKORM operates the www.elearnall.com website, which provides the SERVICE.
INTRODUCTION AND ACCEPTANCE OF TERMS
eLearnALL provides many services (each a “Service” and together the “Services”) through its website(s) located at www.elearnall.com , as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any eLearnALL online educational programs (collectively, the “Online Courses”) and related services, such as careers services, or any part thereof For clarity, eLearnALL offers certain Online Courses that are curated, specially designed, and produced which are referred to as “Nanodegree” programs. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of eLearnALL and the instructors for the Online Courses, to Students (defined below) who have completed the course to the satisfaction of eLearnALL including without limitation being in compliance with all eLearnALL policies.
eLearnALL and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that eLearnALL and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as eLearnALL and the instructors deem appropriate.
ACCESS AND USER ACCOUNTS
- a “Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
- a “Student,” meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and other eLearnALL’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
- an “Attendee,” meaning that you have created a User Account and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
- a “Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with eLEarnALL to provide mentoring and project review services to Students.
The term “User” refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any eLearnALL community (e.g., moderators, volunteers, or experts-in-residence).
User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a Nanodegree program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses, or a Nanodegree programs, to the extent applicable.
USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution.
ELEARNALL INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by eLearnALL and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of eLearnALL and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
eLearnALL logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of eLearnALL and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of eLearnALL.
From time to time, eLearnALL may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. eLearnALL and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. eLearnALL has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
By enrolling in an Online Course or purchasing any of our Services and providing eLearnALL with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by eLearnALL through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to eLearnALL, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the eLearnALL Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. eLearnALL does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special Nanodegree Terms) may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and eLearnALL each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and eLearnALL each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.