TERMS AND CONDITIONS OF USE
Revised March 8, 2023
Welcome to onlineacademy.com. This website is owned and operated by Online Academy LLC and is intended for the provision of training and educational information, and utilization of Online Academy’s products and services. Please ensure you carefully read and understand these terms before accessing, using, purchasing or participating in our website or any of our sites which link to these terms (“Site”) or before accessing, using, purchasing or participating in our training, communities, products, services, programs, company-published materials or events (“Programs”).
BY USING THE SITE, PROGRAMS OR MAKING ANY PURCHASE FROM ONLINE ACADEMY LLC, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE USE OF THE SITE AND/OR PROGRAMS IMMEDIATELY.
These terms of use, in conjunction with our Privacy Policy, Cancellation and Refund Policy and any other similarly posted terms and/or notices constitute a legally binding agreement (the “TERMS”) entered into between you (“You” or “User”) and Online Academy LLC (“OA” “us” or the “Company”) (each a “Party” and collectively the “Parties”) and governs your access to and use of our Site and Programs, whether as a guest or registered user. Please be advised that certain purchases may be additionally subject to the terms and conditions of their respective Purchase or Enrollment Agreement as provided at the time of purchase.
ACCESS AND USE
Our Site and Programs are restricted from being sold in or accessed from certain geographical areas, including but not necessarily limited to: Afghanistan, China, Croatia, Egypt, Georgia, Greece, India, Indonesia, Israel, Malaysia, Mexico, Pakistan, Philippines, Romania, Russia, Saudi Arabia, South Africa, Turkey and restricted from being sold in Connecticut, US. Bypassing geographical restrictions or geo-blocking through any means is prohibited and considered to be a violation of these Terms. Any exception to geographical restrictions requires advance, express written consent from OA.
CONSIDERATION
You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and our Programs, along with any related materials and information available at or through the Site.
FULFILLMENT AND DELIVERY
Following the purchase of any OA Program(s), and upon completion of required and relevant enrollment information (which may include, but is not limited to, a Service or Enrollment Agreement, tax forms or identity verification) enrollment and access to any relevant Program components (such as digital courses, live training sessions and access to OA services) becomes available within one business day. Certain system access may require the Client to create or activate an account and provide certain details or personal information to complete the steps required for access. Any other products or services will be delivered pursuant to the terms and conditions contained in their relevant Purchase/Enrollment Agreement.
CANCELLATION AND RIGHT TO RESCIND
For a better understanding of our practices as they relate to cancellations and refunds, please review our Cancellation Policy.
CODE OF CONDUCT
As part of the use of this Site or our Programs, you may be invited to access, utilize or attend events, groups or meetings or systems where you may have the opportunity to interact with team members, associates, clients or affiliates of OA. As such, you are expected to adhere to any relevant codes of conduct or rules of engagement as published by OA, and at all times maintain an acceptable level of respect and decency. OA will make its best effort to post governing codes of conduct, however at its discretion, OA reserves the right to remove access to such events, groups meetings or systems where Clients are abusive or demonstrate behavior it deems worthy of restriction. In its sole and absolute discretion, OA reserves the right to substitute a similar and comparably valued product or service to fulfill the obligations of any Agreement between the Parties. Restrictions for a code of conduct violation or abuse are not necessarily cause for cancellation, and do not warrant the return of funds for Purchase.
CONFLICT IN TERMS
In the event User has entered into a formal agreement with the Company, including but not limited to a Purchase or Enrollment Agreement (“Terms of Purchase”), and in the event the terms posted here in these Terms and Conditions of Use conflict with such Agreement, the terms of the formal Agreement, during its term/effective period, shall take precedent.
These Terms and Conditions of Use along with anyTerms of Purchase constitute the entire Agreement and understanding between theParties related to any use, purchase or subject matter contained herein and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
ELECTRONIC COMMUNICATIONS
When you access our Site, Content or Programs, send emails to OA or otherwise subscribe, you are communicating with us electronically, and in doing so, consent to receive electronic communications from us. We will communicate with you electronically either via email or by posting notices on the Site; by using the Site you agree that any such agreements, notices, disclosures and other communications provided by us to you electronically satisfy any legal requirement that such communications be in writing.
SMS, MMS, Texting. Users are not required to opt in to any promotional message subscription in order to use or make a purchase from OA. Promotional text messages are completely optional and not a requirement. As a user you will only receive promotional text messages if you opt in through online or application-based enrollment forms. Regardless of the opt in method utilized to opt in, you agree that these terms apply to your participation. Message and data rates may apply. Reply “STOP” to end and “HELP” for help. Users opting in must understand and agree that any other method of opting out, including but not limited to texting words other than those set forth above or verbally requesting OA remove you from a list is not a reasonable means of opting out. By opting in, you agree to receive auto dialed or prerecorded messages at the phone number associated with your opt in. While you consent to receive messages sent using an autodialer, the foregoing shall in no way be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer.
Promotional Email. Due to the digital nature of our Program, users are required to provide an email address in order to make a purchase or gain access to the Site, or utilize our Content or Programs and as such, the Company may communicate with you regarding fulfillment of your order. Promotional emails are completely optional and are not a requirement. As a user, you will only receive promotional emails if you opt in through online or application-based enrollment forms. Regardless of the opt in method used to opt in, you agree that these terms apply to your participation. To unsubscribe from an email list to which you have subscribed, follow the unsubscribe link/instructions contained in the email.
Users who have purchased or set up an account with OA may receive electronic communications and/or text messages and/or telephone calls as part of their purchase which are not considered to serve a ‘promotional’ purpose; such communications are for fulfillment related to a purchase.
USE RESTRICTIONS
All content contained on the Site and/or in our Programs (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video content, digital downloads, data or software, is our property or property or our licensors/licensees; the compilation of which is our exclusive property and is protected by United States and international copyright laws, treaties and conventions. All software used on the Site or as part of our Programs is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each a “Mark“) contained in our Content are proprietary to us or our licensors/licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear in the Site or Content are the property of their respective owners, who may or may not be affiliated with OA.
We grant you a limited license to access and make personal use of the Site and/or our Program. Our Site, Content or any other website or application owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
The license granted to you does not include, and specifically excludes, any rights to resell or make any commercial use of our Site, Content or Programs, collect and use any product listings, descriptions, or prices, make any derivative use of the Site, Content or Programs, download or copy account information for the benefit of anyone else; or use any form of data mining or data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our (and each applicable owner’s ) express written consent. Any unauthorized use automatically terminates any license granted to you hereunder.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
CONTENT OWNERSHIP
The contents of this Site are protected by US and International copyright laws. Any custom work whether logos, graphics, icons or otherwise are registered trademarks. OA does not grant you rights to use these trademarks for your own purposes. The placement of the OA logo on any third-party site does not automatically imply our consent or endorsement.
Any and all data provided on this website is to be used for information purposes only; it is not intended to provide specific legal, financial or tax advice. The Information provided on our Site, Content or Programs should not be treated as all-inclusive, users are encouraged to draw their own conclusion that best fits their personal, financial or business needs or to consult with their own tax, financial or legal advisors where necessary.
OA does not operate an authorized affiliate program. Under no circumstances is OA responsible for any content generated by users or affiliates using the tools or services available on the site. OA bears no obligation to audit the content produced by its users or affiliates. Users and Affiliates are advised to consider the implications of their own production, as in case of any legal or judicial backlash the user would hold complete and sole liability.
OA is not necessarily affiliated with any/all sites that may be linked, and therefore bears no responsibility for content located on third party sites. The sites are linked for the convenience of the User, and should be accessed at the User’s own risk. Any links or references to other websites, products, services or publications do not imply any endorsement or approval, other than its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of OA or other entities.
The display of trademarks on this Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
USE AND PROTECTION OF ACCESS AND CREDENTIALS
Users of the Site or Programs may be assigned a user name and password (“Credentials”) in order to access certain areas of the Site and/or Programs. Assignment of Credentials deems User to be authorized to access the Site and/or Programs. User acknowledges and agrees that User is solely responsible for all access to and use of the Site and/or Programs, including any and all communications and transmissions, financial obligations and purchases made through the Site, by anyone using the Site and/or Programs using the Credentials assigned to you, whether or not such access or use was authorized by you, which results from such access or use. As the User, you are solely responsible for protecting the security and confidentiality of your Credentials, and shall immediately notify OA of any unauthorized use or disclosure, breach or threatened breach of the security to the Site and/or Programs which you are or become aware of. In short, YOU are responsible for any and all activity conducted using your Credentials.
SYSTEM AND COMPETENCY REQUIREMENTS
Access to the Site and/or Programs may require internet access, audio/video software or a compatible player or device (“ Systems”). Such Systems may require you to obtain updates/upgrades periodically in order to continue effective use. Your ability to access or use the Site and/or Programs may be affected by the performance of such Systems. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Systems, and acknowledge that such System use, updates or maintenance may result in fees separate and in addition to any fees incurred by OA, and such fees are the sole responsibility of the User.
Utilization of the Site and/or Programs, may also require OA to provide access to its Site(s), content or platforms (inclusive of third party sites, content or platforms), digital courses or training, live and recorded (via Zoom or other similar service) sessions, or require the utilization of third-party systems and tools (“Platforms”). While OA will provide access to and sufficient instruction required in order to utilize such Systems and Platforms, your success may be dependent upon your competency and ability to follow such instructions or utilize such Systems and Platforms.
USER GENERATED CONTENT
While accessing the Site or participating in OA Programs, you may elect to post reviews, comments, photographs, videos, personal information, testimonials, comments, questions, email or chat content, or other information (“UserGenerated Content”). Such UserGenerated Content may not be: illegal, obscene, threatening, defamatory, infringing on intellectual property rights, otherwise injurious to OA or other third parties, political campaigning, solicitation, impersonating or any form of spam or otherwise inappropriate (as determined by OA) (“Restricted Content”). OA reserves the right, but is not obligated, to monitor, edit or remove any Content from its Site, Programs or groups/communities based on its sole determination as to what constitutes Restricted Content, and reserves all rights to remove or edit any such UserGenerated Content, or escalate such UserGenerated Content to relevant third-parties or governing authorities where it deems appropriate. Users should not post or submit any Content they do not intend to be subject to the User Generated Content License described herein.
If you post or send any User Generated Content to us, whether intentionally or unintentionally, we shall have the unrestricted rights to the use such User Generated Content, including your name or alias, for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User Generated Content License“). You agree to the User -Generated Content License whether or not your User Generated Content is used by us. You represent, warrant and agree that: you own or otherwise control all of the rights to all User Generated Content that you post or send to us; that all such User Generated Content is accurate; use of such User Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential, legal, medical or fiduciary relationship is intended or created between you and OA.
DISCLAIMER OF WARRANTIES
Unless otherwise expressly stated, OA Site, Products, Content, Programs and Services or features made available in conjunction with or through the same are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, OA and its affiliates disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy and reliability.
GOVERNING LAW AND VENUE
These Terms and Conditions of Use, and any Agreement entered into between you and OA, and any issue or dispute arising out of or otherwise related to said Terms and Conditions of Use or Agreement shall be governed and construed exclusively by the laws of the State of Virginia, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. The parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in the State of Virginia, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
ARBITRATION
If you have a complaint or dispute, you agree to first contact us at support@onlineacademy.com to attempt to resolve such complaint or dispute. Any controversy or claim arising related to the use of the Site, Content, Programs, these Terms and Conditions of Use or your Agreement or your relationship with OA which can not be resolved through such communications or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in the Indemnification clause below. The arbitration will be conducted by a single neutral arbitrator in Richmond, Virginia, unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement, our Privacy Policy, this arbitration provision, and any other terms incorporated by reference into the Terms of this Agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or OA. The arbitrator shall follow the substantive law of the State of Virginia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Both parties agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. Both parties expressly waive any right to pursue any class or other representative action against each other
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises (such period includes the one hundred and twenty (120) day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration. You acknowledge and agree that you are waiving your right to trial by jury, and agree to have any claims decided individually and only through final, confidential and binding arbitration in accordance with this provision.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless OA, its managers, officers, employees, independent contractors, subcontractors, suppliers, affiliates, parent and/or sister companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, software, products, or services, (2) information you submit or transmit through the Site, (3) your breach of these Terms of this Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
ASSIGNMENT
OA may assign its rights under this Agreement at any time, and without notice to you. Your rights under this agreement may not be assigned without our express written consent
FORCE MAJEURE
OA shall not be responsible for any delay, damage or failure caused by any act of nature or other causes beyond our reasonable control.
SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
PRIVACY
For a better understanding of our practices as they relate to privacy, please review our Privacy Policy.
DISCLAIMERS
The information provided through this Site and our Programs is designed to be informational and educational. Recommendations may be provided for consideration, however you are under NO OBLIGATION to purchase any products or services. ANY AND ALL DECISIONS TO UTILIZE SUCH RECOMMENDATIONS OR PURCHASE ANY PRODUCT(S) SHOULD BE MADE BY YOU AND BASED ON YOUR OWN DUE DILIGENCE. Please review our Disclaimers.
CONTACTING OA
We pride ourselves on delivering effective and efficient customer support. All questions and concerns should be directed to support@onlineacademy.com for assistance. Inquiries are typically addressed within one business day.
