Online Course Terms & Conditions
This Course Agreement (hereinafter, “Agreement”) is made by and between Level Up Genealogy, a business organized under the laws of the state of Pennsylvania, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.
1. DEFINITIONS
- The parties referred to in this Agreement shall be defined as follows:
a. Course Provider, us, we, our, ours, and other first-person pronouns will refer to the Course Provider and, if applicable, all employees, contractors, and affiliates of the Course Provider.
b. You, the user, the participant, and other second-person pronouns such as you, your, yours, etc.
c. The parties to this Agreement (Course Provider and You) may also be referred to as Party, or collectively, as Parties.
- The Course details are as follows:
a. Course Name: Master Your Genealogy with Scrivener
b. Course Description: This self-paced video course walks students through the ins and outs of using Scrivener as a multi-purpose tool for collecting, organizing, brainstorming, and writing up your genealogy research. Includes one year of access to the course materials, a private Facebook group, and a monthly open Office Hours session.
c. Total Course Fees (“Fees”): $197 (one hundred and ninety-seven US dollars)
d. Course URL: https://scrivener.levelupgenealogy.com
2. ASSENT & ACCEPTANCE
If you assent to this Agreement, the Course Provider agrees to provide you with access to the online Course entitled “Master Your Genealogy with Scrivener.” As a condition of participating in the Course, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
3. AGE RESTRICTION
You must be at least 18 (eighteen) years of age to participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
4. LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include but is not limited to videos, handouts, or other information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may continue to be used for personal use only after completing the Course.
5. COURSE TERMS
After purchasing the Course, you will be granted access within 48 hours of purchase. Access to the course will expire within one year of the purchase date unless an extension is purchased.
The Course and its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials.
- By participating in the Course, you accept personal responsibility for the results of your actions. You agree that the Course Provider has not made any guarantees about the results of taking any action, whether recommended in the Course or not.
- The Course Provider provides educational and informational resources that are intended to help participants in the Course succeed. You nevertheless recognize that your ultimate success or failure will result from your own efforts, your particular situation, and innumerable circumstances beyond the control and knowledge of the Course Provider. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others—whether clients of the Course Provider or otherwise—applying the principles included in the Course are no guarantee that you or any other person or entity will be able to obtain similar results.
- You agree to take full responsibility for any harm or damage you suffer due to the use, or non-use, of the information available in the Course. You agree to use judgment and conduct due diligence before taking action or implementing any plans or policy suggested or recommended in the Course.
6. INTELLECTUAL PROPERTY
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider or its agents and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that the Course Provider owns all rights, titles, and interests in and to the Course Provider’s intellectual property and that you will use protected content solely for your individual use. You will make no other use of the content without the express written permission of the Course Provider and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Course Provider or our licensors except as expressly authorized herein.
7. CONTENT YOU POST
Through your participation in the Course and your use of the Website, you may be permitted to post material to the Course pages, Course Facebook group, and other areas associated with the course. The Course Provider does not claim ownership of the information or materials you may provide during the Course (including feedback and suggestions) or post, upload, input, or submit as part of your Course participation.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
8. PAYMENT & FEES
As noted above, the total Fees for the Course are $197 (one hundred and ninety-seven US dollars). The entirety of the Fees are due and payable upon your registration in the Course. No payment plans or installment plans are available.
9. NO REFUNDS
All sales are final. The Course Provider does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
10. CONFIDENTIALITY
The Course Provider respects the privacy of its clients and will not disclose any information you provide except as outlined in this Agreement. As a condition of participating in the Course, you hereby agree to respect the privacy of other Course participants and to respect the Course Provider’s confidential information.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participants to share the information. Similarly, the content of the Course contains the Course Provider’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Course with anyone other than the Course Provider, its employees, and other Course participants.
11. NO LIABILITY
The Course is provided for informational purposes only. The Course Provider makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information contained in the Course for any purpose. You acknowledge and agree that any information posted or provided in the Course, in the Materials, or in the live sessions is not intended to be legal advice or financial advice. The Course Provider does not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or in the live sessions.
You agree that the Course Provider shall not be liable to you for any type of damages, including direct, indirect, punitive, special, incidental, equitable, or consequential loss or damages for the use of the Course. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Course Provider, its employees, agents, third parties, and any affiliates (if applicable) for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. At its own cost, the Course Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Course Provider in asserting any available defenses.
13. SPAM POLICY
You are strictly prohibited from using the Course for illegal spam activities, including gathering email addresses and personal information from others, direct messaging of offers to Course participants, or sending any mass commercial emails.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
15. TERMINATION AND ACCESS RESTRICTION
The Course Provider reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time if you become disruptive to the Course or other Course participants, if you fail to follow the Course guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees.
16. ENTIRE AGREEMENT
This Agreement, along with the Course Provider’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between you and the Company with respect to the Course. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Course Provider concerning the Course. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. GENERAL PROVISIONS
- Arbitration: You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Course.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, you hereby expressly agree to present such claim only through binding arbitration to occur in Allegheny County, Pennsylvania. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you, or any entity related to you, assert against the Course Provider. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating and administering the arbitration. - Severability: If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Waiver: No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Force Majeure: The Course Provider is not liable or responsible to you, nor deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Course Provider including, without limitation, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
18. EFFECTIVE DATE
This Agreement shall commence and be enforceable with respect to each Course participant upon the date that the participant initially registers for the Course.