Acceptable Use Policy
Acceptable Use Policy rules and guidelines (referenced herein collectively as the “AUP GUIDELINES”) cover and govern each individual end user’s (referenced herein with “you” or with “your”) use and access to Apprendo Learning Systems Inc. services and websites (referenced herein as the “SERVICE”).
These AUP Guidelines provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Service conditioned upon your continued compliance with these AUP Guidelines. Apprendo reserves all rights not granted in the AUP Guidelines.
YOUR CONTENT & YOUR PERMISSIONS
When you use our Service, you provide us with things like your files, content, messages, etc. (“Your Content”). Your Content is yours. You represent that you have all necessary right, power, and authority to use the Service and share Your Content and will comply with all applicable laws when doing so. These AUP Guidelines don’t give us any rights to Your Content except for the limited rights that enable us to offer the Service. We need your permission to do things like host Your Content, back it up, or share it when you ask us to. This permission extends to our trusted third parties we work with. You therefore give us, and third parties (with whom we work) permission to use, display, host, share, and backup Your Content. By submitting Your Content, you also permit us to identify you by your username and as the contributor of Your Content.
Apprendo does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
SHARING YOUR CONTENT
Our Service lets you share Your Content with others, so please think carefully about what you share. By using the Service, you agree to do so responsibly and to not misuse the Service or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Service:
- store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content (except as necessary for legitimate instructional purposes, but in all cases in compliance with applicable laws and regulations);
- modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- harm, harass, threaten, or impersonate any person or violate the rights of any third party;
- probe, scan, or test the vulnerability of any system or network;
- interfere with or disrupt the integrity or performance of the Service;
- attempt to gain unauthorized access to the Service or its related systems or networks;
- introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Service;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven't been invited to;
- access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- sell or re-sell the Service unless specifically authorized to do so;
- copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Service unless specifically authorized to do so;
- remove or destroy any copyright notices or other proprietary markings contained on or in the Service; or
- violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to Apprendo in any way.
You must provide all equipment necessary to access the Service and are responsible for all fees incurred when accessing the Service. Additionally, you’re responsible for your conduct and Your Content and your compliance with these AUP Guidelines. Content in the Service may be protected by others’ intellectual property rights. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these AUP Guidelines and remove content from the Service at any time and without notice. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service. You agree also to safeguard your password to the Service, make sure that others don’t have access to it, and keep your account information current.
THIRD PARTY WEBSITES
The Service may contain links to third-party websites that are not under our control. We are not responsible for such third-party websites.
The Service is protected by copyright, trademark, and other Canadian and foreign laws. These AUP Guidelines don’t grant you any right, title, or interest in the Service or others’ content in the Service. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated agent. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that any content in the Service in a way that constitutes infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the rights owner;
- a description of the content you claim is being infringed;
- a description or link to the location of the material claim is infringing;
- your physical address, telephone number and e-mail address;
- a statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
Contact information for Apprendo’s designated agent for notice of claims of infringement is as follows: ; firstname.lastname@example.org . Apprendo may also take any appropriate action in the event it receives a proper counter-notice under the law.
TERMINATION & RIGHT TO SUSPEND
You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service and remove Your Content if you’re not complying with these AUP Guidelines, or using the Service in a manner that may cause us legal liability, disrupt the Service, disrupt others’ use of the Service or, in our sole opinion, reason, cause harm. All provisions of these AUP Guidelines, which by their nature should survive, will survive termination of the Service.
SERVICE “AS IS”
Apprendo and its partners make no warranties, either express or implied, about the service. the service is provided “as is.” in addition, we disclaim any warranties of merchantability, fitness for a particular purpose, title and non-infringement. any content downloaded or accessed from the service is accessed at your own risk.
LIMITATION OF LIABILITY
You expressly absolve and release Apprendo from any claim of harm resulting from a cause beyond Apprendo’s control. you further agree that in no event shall Apprendo and its suppliers be liable for any damages other than direct damages, or any loss of use, data business, or profits. this will be regardless of whether or not Apprendo or any of its partners has been warned of the possibility of such damages. additionally, Apprendo and its suppliers will not be liable to you for more than any amounts received by Apprendo from you as a result of your personal use of the service in the 12 months preceding your claim. if you have not paid individually any amounts in the 12 months preceding your claim, Apprendo’s sole and exclusive liability shall be no more than $50. moreover, Apprendo shall not be liable for the loss or failure to store your content, and you understand and agree that by using the service, you agree to waive the right to a trial by jury and the right to participate in a class action related to use of the service or breach of these aup guidelines.
Fees and Refunds
Fees That We Charge. Creating an account, listing a learning or training event and accessing the Services are free. However, we charge fees when you sell or buy paid seats, tickets, registrations or when Apprendo is use for private training within an organization. These fees may vary based on individual agreements between Apprendo and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page, absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds or paid as a Monthly fee in the case of using Apprendo for private training. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an learning event are not necessarily the same as those charged by Apprendo to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Apprendo, but may in some cases include an element of profit and in some cases include an element of loss. Apprendo does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Seat Transfers. If you wish to transfer seats or tickets to a learning event you have purchased on Apprendo, please contact the Organizer of the event. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us.
Refunds. Because all transactions are between an Organizer and its respective attendees, Apprendo asks that all Consumers contact the applicable Organizer of their event with any refund requests.
If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Apprendo will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Apprendo will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Apprendo will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Apprendo will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties
Your Account with Apprendo
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Apprendo or user the Services, including the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
- You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, Apprendo will be the sole arbiter of that dispute and Apprendo´s decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Apprendo all permissions and licences provided in these Terms.
- We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You agree to immediately notify Apprendo of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
Rules for Use of Email Tools
Apprendo may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the "Email to Attendees" or “Email invitations“). If you use Email Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide training or learning event listed on the Services;
(e) your use of the Email Tools and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Apprendo requesting you modify such Consumer's email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Apprendo may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
These AUP Guidelines and your use of the Service will be interpreted, governed and construed by the laws of British Columbia, Canada law except for its conflicts of laws principles, unless otherwise agreed in a separate written agreement with Apprendo or as required by a mandatory law of a competent jurisdiction.
These AUP Guidelines set forth terms governing your use of the Service, and supersede and replace any other prior or contemporaneous agreements applicable to the subject matter of these AUP Guidelines. These AUP Guidelines create no third-party beneficiary rights. These AUP Guidelines shall inure to the benefit of Apprendo and its respective legal representatives, successors, and assigns.
WAIVER, SEVERABILITY & ASSIGNMENT
Apprendo’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these AUP Guidelines, and any such attempt will be void. Apprendo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. If any provision of these AUP Guidelines is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these AUP Guidelines will remain in full force and effect.
We may revise these AUP Guidelines from time to time, and will always post the most current version HERE. If a revision meaningfully reduces your rights, we will provide notice to you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by and subject to the revised AUP Guidelines.
For any notices relating to these AUP Guidelines, you may contact Apprendo by sending an email to email@example.com .
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE APPRENDO PLATFORM.
Apprendo reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Apprendo Platform or Services after any such changes shall constitute your consent to such changes.