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TERMS OF SERVICE (TOS)

Terms of Service

Last updated: December 28, 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://eLearningWAshington.com website (the “Service”) operated by eLearning Washington LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

When becoming a student and creating an Account on our service, you agree to receive emails and other communications from instructors, administrators, and or support staff.

In addition, you may receive newsletters, marketing or promotional materials and other information. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

Purchasing any of our courses, products or services made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for transaction processing for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the course, product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

In all cases, every reasonable effort will be made to arrive at a satisfactory conclusion.

Free Courses

From time-to-time, eLearning Washington LLC may, at its sole discretion, offer a free course–for a limited period of time, as a special or promotion.

You may be required to enter your billing information in order to sign up for the Free Course.

Free courses may or may not be subject to the calendar terms limitation. Please see the specific terms of the current or individual offering.

Fee Changes

eLearning Washington LLC, in its sole discretion and at any time, may modify the Course fees. Any fee change will become effective at the end of the current term and prior to any new registration.

eLearning Washington LLC will provide continuing students and families with a reasonable prior notice of any change in fees to give you an opportunity to conclude your course(s) before such change becomes effective.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified fee amount for any new or additional course.

Refunds

Except when required by law, paid course fees are non-refundable.

Content

Our Service (within our LMS) allows students to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that:

  • the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
  • that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this terms of service agreement includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

eLearning Washington LLC has the right but not the obligation to monitor and edit all Content provided by users.

ALL Course Materials and other Content found on or through this Service are the property of eLearning Washington LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from eLearning WAshington.

Student User Accounts

Students are responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to your computer and/or account.

All students agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

Students must notify eLearning WAshington immediately upon becoming aware of any breach of security or unauthorized use of your account.

Students may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Students may not use as a username any name that is offensive, vulgar or obscene.e reserve the right to refuse service, terminate accounts, remove or edit content, or cancel course(s) is our sole discretion.

Intellectual Property

eLearning WAshington as and academic service provider and its original content (excluding Content provided by users or 3rd parties), features and functionality are and will remain the exclusive property of eLearning Washington LLC and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and any branding/logos may not be used in connection with any product or service without the prior written consent of eLearning Washington LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by eLearning Washington LLC.

eLearning Washington LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that eLearning Washington LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.


Termination

We may terminate or suspend your student LMS account and bar access to the Service (LMS/course) immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

You agree to defend, indemnify and hold harmless eLearning Washington LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.


Limitation Of Liability

In no event shall eLearning Washington LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis and we do our best in extending every reasonable measure to maintain continuity of service.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

eLearning Washington LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us

If you have any questions about these Terms, please Contact  us online or via postal mail:  eLearning WAshington,  12828 Northup Way, Suite 105,  Bellevue, WA 98005

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