Terms of Use | OnCourse Learning

ONCOURSE LEARNING TERMS OF USE

 

Effective June 11, 2018 

OnCourse Learning Corporation, on behalf of itself and its affiliates (together, “OnCourse Learning”), offers you a wide range of content, learning platforms, and compliance tools for the financial services, healthcare, and real estate industries, OnCourse Learning’s products and services, and OnCourse Learning as a company as well as, in certain circumstances, content provided by other persons and entities (collectively, “Materials”) via this and OnCourse Learning’s related websites, social media pages and other similar sources, including features and services available through such sites and sources, such as RSS feeds, podcasts, video and downloads (collectively, the “Site”).  By using the Site, you are agreeing to accept and comply with these terms and conditions of use, as stated below (these “Terms”), as well as OnCourse Learning’s Privacy Policy (“Privacy Policy”) at all times.  YOU MUST READ THESE TERMS AND THE PRIVACY POLICY FULLY.  Please contact OnCourse Learning at corp@oncourselearning.com with any questions you may have.

 

1. Limited Right to Use.  The Site is owned and operated by OnCourse Learning.  Unless otherwise specified, all Materials on the Site are the property of OnCourse Learning and are protected by the copyright laws of the United States and throughout the world. You may use or view the Materials from the Site solely for your personal, informational use within your organization, provided that you must keep intact all copyright and other proprietary notices.  You may not copy or distribute any Materials published by OnCourse Learning on the Site or any portion of those Materials beyond your organization without OnCourse Learning’s prior written permission (or permission of OnCourse Learning’s third-party provider if the Material is owned by that provider).  This includes any copying, reproduction, modification, republication, uploading, posting or directly or indirectly sending any Materials (or portions of Materials) in any form or by any means.  However, this does not restrict you from linking to publicly available Materials, excluding any Materials available in a part of the Site that requires a password to enter or is otherwise restricted (“Publicly Available Materials”), using any sharing methods OnCourse Learning provides on the Site for sharing Publicly Available Materials, or referencing or citing Publicly Available Materials, provided that, in all of these instances, you must properly identify OnCourse Learning as the source of the Publicly Available Materials.  Materials available in a part of the Site that requires a password to enter or is otherwise restricted must be treated as Confidential Information unless otherwise marked and may not be not used or disclosed except as expressly permitted in a written agreement with OnCourse Learning.

 

2. Eligibility.  The Site is not offered to any person under the age of 13.  If you are over the age of 13 but under the age of 18, you must either: (i) be an emancipated minor, or (ii) have obtained the legal consent of your parent or legal guardian to use the Site and enter into these Terms.

 

3. Links and Frames.  Links to other sites may be provided on the Site for your convenience.  By providing these links, OnCourse Learning is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, is not responsible for the materials, services or other situations at or related to or from any other site, and makes no representations concerning the content of sites listed in any part of the Site.  Consequently, OnCourse Learning cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site.  For example, if you click on a banner advertisement or a search result, your click may take you off the Site.  This may include links from advertisers, sponsors, and content partners that may use OnCourse Learning’s logo(s) as part of a co-branding agreement.  These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.  In addition, advertisers may send cookies to users that OnCourse Learning does not control.  OnCourse Learning reserves the right to disable links from any third-party sites to the Site.

 

4. Registration.  You may be given the opportunity to create and register a user account (your “Account”) that you may use to receive information from OnCourse Learning or participate in certain features and functionalities of the Site.  By registering, you represent, warrant and otherwise fully confirm to OnCourse Learning that all information that you provide on the registration form is complete, current and otherwise accurate.  OnCourse Learning may rely on the information you provide, including any user IDs or passwords you create, to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times.  You agree that OnCourse Learning may use the information you provide for any purpose, so long as such use does not violate the Privacy Policy.

 

5. Password and Security.  If you are issued or create any password or other credentials to access the Site or any parts of functionalities that are part of the Site, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials.  If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site without your consent, you must notify OnCourse Learning at once at the address specified below.

 

6. Interactive Features.  The Site may include opportunities for you to access, view and provide content for the Site, such as learning modules, blogs, comment sections, discussion forums and other similar interactive features (“Interactive Features”).  If you have any questions specifically regarding the Interactive Features (or the related portions of the Site), please contact OnCourse Learning at corp@oncourselearning.com.  You alone are responsible for your use of any Interactive Features and you use them at your own risk.  Any content questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “Content”) which you submit through an Interactive Feature must pertain to the designated topic or theme of the applicable Interactive Feature.  You may not use the Site or any Interactive Features in any way that (as determined by OnCourse Learning) impairs, restricts or inhibits anyone else from enjoying or using the Site or the Interactive Features.  More specifically, you represent, warrant and otherwise confirm the following:

 

  • All of your Content is accurate and not misleading, and use and posting or other transmission of your Content does not violate applicable law or these Terms, and will not violate any rights of or cause injury to any person or entity.
  • Except as specified in the Privacy Policy, you are providing your Content without any expectation or obligation of privacy, remuneration or attribution, and you recognize and agree that your Content will not be considered proprietary to you or be subject to any limitations of use by OnCourse Learning (See Paragraph 8 below).
  • You will not violate, jeopardize, or otherwise interfere with any other person’s right to privacy (whether that person is a user of the Site or not), including the collection, solicitation or aggregation of any information about any person or selling, transmitting or otherwise posting private information about a person or any third party.
  • You will not upload, post or otherwise transmit any Content and/or otherwise take any action in connection with the Site that:  (i) violate or infringe in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (ii) is offensive, including blatant expressions of hatred, racism, bigotry, abusiveness, profanity, vulgarity or indecency; (iii) includes, directly or indirectly, any pornographic materials or references or materials or references involving obscene content; or (iv) violates any law, regulation, otherwise constitutes a criminal offense or gives rise to a civil liability, regulatory fine or obligation, or advocates or provides instructions or ideas relating to any illegal activity or any intent to commit any illegal activity.
  • You will not upload, post or otherwise transmit Content that contains any advertisement or solicitation with respect to any products, materials, services or other offerings of you or any third party, including junk mail, spam, chain letters or any other solicitation or marketing materials.
  • You will not post Content or otherwise take any action in connection with the Site where you impersonate any person or entity, falsely state or mischaracterize your affiliation with any entity, including OnCourse Learning, or falsely deny your affiliation with an entity, including OnCourse Learning.
  • You have, prior to uploading, posting or otherwise transmitting any Content, obtained all required consents from every person or entity involved in such Content (including any person’s name or likeness) to include any such person or entity's name, likeness, creation, materials or any other information in or with such Content.
  • You will not upload, post, or otherwise transmit any Content protected by any intellectual property right, including any copyright, trademark, trade secret, right of publicity or other proprietary right, without the express permission of the owner of such intellectual property right; provided that (i) you are solely responsible for determining whether any Content is not protected by any intellectual property rights, and (ii) you shall be solely liable for any damage resulting from infringement of any such intellectual property rights or any other harm resulting from the Content you upload, post or otherwise transmit.
  • You acknowledge and agree that other users may and are authorized to access, view, store or reproduce your Content for personal use.
  • You will not post any information which is personal to you or any other person or entity, such as address, telephone number, or social security number.

 

OnCourse Learning reserves the right, at any time and at its sole discretion (1) to restrict or prevent your access to the Site or any Interactive Features, (2) to move, remove or edit any Content posted, uploaded or referenced by you and/or (3) to terminate or suspend your Account for any reason.  ONCOURSE LEARNING IS NOT RESPONSIBLE FOR ANY CONTENT POSTED, UPLOADED OR REFERENCED BY ANY USER IN CONNECTION WITH THE SITE OR ANY INTERACTIVE FEATURES, INCLUDING COMMENTS SECTIONS, DISCUSSION BOARDS OR OTHER SUCH AREAS.

 

7. Interference and Malicious Code.  You may not use the Site, including uploading, posting or otherwise transmitting any Content, that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to the Site or any websites, servers, networks, systems or equipment of OnCourse Learning or any third party, or would otherwise interfere with or disrupt the Site or any websites, servers, networks, systems or equipment of OnCourse Learning or any third party.  You must at all times abide by all policies, procedures and other requirements established by any networks connected to the Site.  You also may not employ any spiders, robots or other similar data mining programs or techniques on any Materials or otherwise in connection with your use of the Site.

 

8. Monitoring.  You agree that OnCourse Learning has the right, but not the obligation, to monitor your use of the Site as well as any Content posted or uploaded to the Site.  OnCourse Learning performs this monitoring for purposes of ensuring compliance with these Terms, compliance with any applicable laws or regulations, and understanding users’ use of the Site and the Interactive Features, but this monitoring may be for any purpose permitted or authorized by applicable law, regulation or government or industry agent.  OnCourse Learning may (although is not obligated to), screen, disable, remove or otherwise edit any Content you or any other user posts, uploads or references to or in connection with the Site.  You agree that OnCourse Learning is not required to notify you (or any other user) of any such screening or editing. Furthermore, you agree that you have no expectation that OnCourse Learning will return that Content or otherwise make such Content available to you or any other user after it is edited or deleted (including any expectation that OnCourse Learning will create or maintain any backup or archival copies of such Content for any period of time), and OnCourse Learning has no responsibility to do so or liability if it does not do so.

 

9. License to Content.  If you submit any Content in connection with the Site or your use of the Site, you directly and expressly agree that these submissions are not confidential.  These submissions will not, in any way, create any confidential or other relationship between you and OnCourse Learning.  By posting, uploading, referencing or otherwise submitting any Content to the Site or to OnCourse Learning directly, you grant OnCourse Learning and its affiliates a perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit all such Content, in part or in whole, in any way and in any form, whether now known or otherwise developed hereafter.  Further, you agree that you will not receive any royalty or any other payment or attribution or acknowledgement and that neither OnCourse Learning nor its affiliates shall owe you any other obligation.  You agree that OnCourse Learning may take any and all legal action available to it against any person or entity if that person or entity violates your or OnCourse Learning’s rights in your Content through a breach of these Terms.  If you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that:  (a) you do not require that any personally identifying information be used in connection with the use of your Content, or any updates, improvements or derivative works made to or from your Content; (b) you do not object to any publication, modification, editing, deletion or other use of your Content by OnCourse Learning or any of its successors or assigns; (c) you fully and forever waive any right you have to claim or assert entitlement to any and all moral rights of an author regarding your Content; and (d) you fully and forever release OnCourse Learning and its directors, officers, employees, agents, licensees, successors and assigns from any claims that you could otherwise assert against OnCourse Learning by virtue of any such moral rights.

 

10. Third-Party Content.  OnCourse Learning receives some of the Materials on the Site from third parties, including other users. All statements, opinions, advice, criticisms, offers or other information stated or expressed by any such third parties reflect solely the opinion and belief of the respective third party making such statement, and not that of OnCourse Learning or any of its affiliates.  OnCourse Learning makes no endorsement, guarantee or other statement, express or implied, about such third-party Materials, including that any such third-party Materials are accurate, complete, timely, corroborated or otherwise useful or appropriate for any use or circumstance.  You must independently evaluate any such third-party Materials yourself if you intend to rely in any way on the information contained in or provided in connection with such third-party Materials, and you alone must engage any appropriate professionals necessary or prudent in making that evaluation (which OnCourse Learning recommends you do).

 

11. Copyright Notice.  Materials may be made available to you via the Site that come from third parties not within OnCourse Learning’s control.  In connection with the Digital Millennium Copyright Act (DMCA), while OnCourse Learning fully respects the copyright interest of all of OnCourse Learning's users and all such third parties, OnCourse Learning has no obligation to, and does not, scan Materials or any content uploaded, provided, posted or otherwise used in connection with the Site for the inclusion of illegal, infringing, improper, unauthorized or impermissible content.  However, as a matter of policy, OnCourse Learning does not allow Materials it knows are infringing another person or entity’s copyright to remain on the Site.  To assist OnCourse Learning with this policy, you agree that, if you believe any Materials on the Site may infringe or otherwise violate your or any other person or entity’s copyright, you will write to OnCourse Learning (at corp@oncourselearning.com) as soon as you reasonably can specify the Materials you believe are infringing and the reasons why.  If you wish to send a formal notice of infringement of your copyright under the DMCA, your notice (to the email address listed above) must specify or provide, at least:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OnCourse Learning to locate the material;
  • Information reasonably sufficient to permit OnCourse Learning to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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 the exclusive right(s) that is allegedly infringed.

 

12. Required Technology.  Your access and use of the Site may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.).  It is your responsibility to obtain and maintain all of this required technology at your own expense.  Although OnCourse Learning generally tries to make the Site compatible with available technology, OnCourse Learning does not imply or guarantee in any way that the Site will be compatible or otherwise accessible using any specific model, brand or type of technology.

 

13. Ownership.  OnCourse Learning reserves all rights, title and interest in all Materials posted to the Site, including without limitation all patents, copyrights, trademarks, trade names, service marks and logos of OnCourse Learning and its affiliates and licensors (“Intellectual Property”).  Except expressly stated in Paragraph 1 above, you have no right to use any of this Intellectual Property, and nothing contained in the Site or these Terms shall imply or grant to you or any other third party any right to use any such Intellectual Property without the prior written permission of OnCourse Learning or the respective owner.

 

14. Indemnity.  You are solely responsible for any unauthorized use of the Site.  You agree to indemnify, defend, and hold OnCourse Learning harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees and costs) arising out of, based on, or in connection with your access and/or use of the Site.

 

15. Disclaimer.  USE OF THE SITE AND ANY MATERIALS YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IN CONNECTION WITH YOUR USE OF THE SITE ARE SOLELY AT YOUR OWN DISCRETION AND RISK.  THE SITE AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ONCOURSE LEARNING HAS AND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOU OR YOUR BELONGINGS (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA) THAT RESULTS FROM YOUR USE OF THE SITE OR ANY MATERIALS.  ONCOURSE LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE.  SPECIFICALLY, ONCOURSE LEARNING MAKES NO WARRANTY OR STATEMENT THAT:  (A) THE SITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE MATERIALS THAT MAY BE OBTAINED FROM THE USE OF THE SITE (OR ANY INFORMATION RELATED TO SUCH MATERIALS OR USE) WILL BE ACCURATE OR RELIABLE; (D) THE SITE OR THE MATERIALS ON THE SITE WILL BE MAINTAINED OR UPDATED; OR (E) ANY MATERIALS YOU ACCESS, VIEW, OBTAIN OR OTHERWISE CONSIDER WILL MEET ANY EXPECTATIONS YOU MAY HAVE.

 

16. Limitation of Liability.  IN NO EVENT SHALL ONCOURSE LEARNING OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY MATERIALS OR OTHER CONTENT PROVIDED ON OR THROUGH THE SITE.  FURTHERMORE, IN NO EVENT SHALL ONCOURSE LEARNING OR ANY OF ITS AFFILIATES BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF YOU, OTHER USERS OR ANY OTHER THIRDPARTIES.  YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU.

 

17. Remedies for Breach.  If OnCourse Learning has reason to believe that you have engaged in any of the prohibited activities described in these Terms or have otherwise breached your obligations under these Terms, OnCourse Learning may terminate, suspend or limit your access to or use of the Site; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide access to the Site to you in the future; and/or take legal action against you.  In addition, OnCourse Learning, in its sole discretion, reserves the right to terminate your access to the Site for any reason and at any time.

 

18. Waiver of Jury Trial.  Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates or employers or any other intended beneficiary arising under or relating to these Terms and the use of the Site.

 

19. Waiver of Class Action Claims.  Both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms or the Site as a class action.

 

20. No Waiver.  OnCourse Learning shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of OnCourse Learning.  No delay or omission on the part of OnCourse Learning in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

21. Site Modifications.  OnCourse Learning may, in its discretion, change, limit or remove all or portions of the Site.  OnCourse Learning may also limit the availability of the Site temporarily or permanently.

 

22. Modifications to these Terms.  OnCourse Learning may add to or otherwise modify these Terms (in whole or in part) at any time.  Such changes are at OnCourse Learning's discretion, and such additions or modifications shall be effective immediately upon posting to the Site.  By using the Site after such additions or modifications are posted, you are agreeing to accept and comply with the Terms as modified.

 

23. Your Privacy.  Protecting your privacy is very important to OnCourse Learning. Please review the Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

24. Privacy of Others.  If you receive information about another person through the Site, you agree to keep the information confidential and only use it in connection with the Site.

 

25. Our Relationship With You.  OnCourse Learning is an independent contractor for all purposes with respect to the Site.

 

26. General.  These Terms, as well as any other rules, procedures or protocols established by OnCourse Learning (including the Privacy Policy), will, to the extent inconsistent with the terms of previous agreements and arrangements between you or your organization and OnCourse Learning, whether written or oral, will supersede such agreements and arrangements with respect to the subject matter they address.  OnCourse Learning and its affiliates, and their directors, officers, employees, agents, successors, and assigns shall be considered beneficiaries under these Terms and shall each have the right to enforce the provisions of these Terms directly, jointly or on its own behalf.  These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.  No waiver by OnCourse Learning (or any of its agents) of any right under these Terms shall be deemed to be a waiver of any other term, right or obligation hereunder.  To the extent any provision of these Terms, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms shall remain in effect as written.  Section headings are provided solely for convenience and shall not be given any legal import.

 

27. Other OnCourse Learning Sites.  These Terms are applicable to the Site, as specified above.  However, OnCourse Learning also hosts and provides access to other websites, including websites that provide services (“Other OnCourse Learning Sites”), and the Other OnCourse Learning Site may have its own terms and conditions posted.  Those other terms and conditions shall apply to that Other OnCourse Learning Site and the use of any services, functionalities or other offerings made in connection with that Other OnCourse Learning Site, and these Terms shall not apply in such circumstances.  Furthermore, these Terms shall not apply to any websites OnCourse Learning creates for any individual client, and such websites shall be subject to the terms and conditions set forth in the applicable agreement between OnCourse Learning and that client.

 

29. Contact and Inquiries.  If you have any questions regarding these Terms or use of the Site generally, please contact OnCourse Learning at corp@oncourselearning.com

 

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