Effective November 1, 2022
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. You shall not remove any copyright or other proprietary notices. You shall not copy or distribute any Materials published by OnCourse Learning on the Site or any portion of those Materials beyond your organization without the prior written permission of OnCourse Learning or OnCourse Learning’s third-party provider if the Material is owned by a third-party provider. This means that you shall not copy, reproduce, modify, republish, upload, post, or send any Materials (or portions of Materials) or any materials associated with a webinar in any form or by any means. Only the authorized purchaser of the digital download option of a webinar product may use the digital download. An authorized purchaser is the entity or institution that purchased the Materials. The restrictions in this section do not, however, restrict you from linking to publicly available Materials (“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, but does not permit you link to publicly available Materials available in a part of the Site that requires a password to enter or is otherwise restricted., 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 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 them, the materials disseminated by them, or services provided by them. OnCourse Learning is not responsible for the materials or services 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 logos 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, OnCourse Learning does not control what advertisers may send to users. OnCourse Learning reserves the right to disable links from any third-party sites to the Site.
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 shall not to give your password or credentials or make your password or credentials available to any unauthorized individuals. You shall be responsible for all actions taken by anyone to whom you have provided your 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 specific questions regarding the Interactive Features (or the related portions of the Site), please contact OnCourse Learning at email@example.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:
- Your Content is accurate and not misleading and will not violate any rights of or cause injury to any person or entity.
- 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 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. You shall be (i) solely responsible for determining whether any Content is protected by any intellectual property rights, and (ii) solely liable for any damage resulting from infringement of any 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 that 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 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, 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 shall not use the Site, upload, post, or otherwise transmit any Content that could (i) in any way transmit 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 (ii) would otherwise interfere with or disrupt the Site or any websites, servers, networks, systems, or equipment of OnCourse Learning or any third party. You shall abide by all policies, procedures, and other requirements established by any networks connected to the Site. You shall 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 you posted or uploaded to the Site. OnCourse Learning performs this monitoring to ensure compliance with these Terms, compliance with any applicable laws or regulations, and understanding users’ use of the Site and the Interactive Features. This monitoring may also 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). 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 to the Site or if you use 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. 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 will owe you any other obligation. You agree that OnCourse Learning may take any 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 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 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. MLO Test Ready Training Program. MLO Test Ready is a comprehensive training experience and comes with a few expectations and requirements to ensure you have success when you take your NMLS exam. By purchasing this product you are agreeing to:
- Spend at least 12 hours of self-study time within our exam prep tool, Prep xL during the 10 day training period
- Be engaged and non-disruptive during group sessions
- Share your pass/fail result with OnCourse Learning once you take the NMLS exam
Subscription: By purchasing a Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Subscription renewal fee at the then-current Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Subscription any time before the next billing cycle, subject to the terms of any provided cancellation policies.
13. 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 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 to remain on the Site if OnCourse Learning knows the Materials are infringing another person or entity’s copyright. 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 firstname.lastname@example.org) 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 rights that is allegedly infringed.
14. Required Technology. Your access and use of the Site may require certain equipment, connectivity services, and other technology (such as computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain 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.
15. Ownership. OnCourse Learning reserves all rights, title and interest in all Materials posted to the Site, including 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 imply or grant to you or any other third party any right to use any the Intellectual Property without the prior written permission of OnCourse Learning or the respective owner.
16. 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 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 or use of the Site.
17. 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.
18. 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 THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
26. 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.
27. Our Relationship With You. OnCourse Learning is an independent contractor for all purposes with respect to the Site.
29. 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.
30. Contact and Inquiries. If you have any questions regarding these Terms or use of the Site generally, please contact OnCourse Learning at email@example.com.