Diese Datenschutzerklärung wurde zuletzt am 15. September 2013 aktualisiert
Diese Datenschutzerklärung („Datenschutzerklärung") erläutert, wie Parama Campus („wir" oder „uns") persönlich
identifizierbare Informationen von Besuchern unserer Webseite (die „Webseite") und Benutzer unserer Produkte und Dienstleistungen
(„Dienstleistungen") sammelt, benutzt und teilt. Bitte beachten Sie, dass der Hauptzweck unserer Webseite und der angebotenen
Dienstleistungen ist, Ihnen zu erlauben, sich für Online-Kurse für eine Vielzahl von Themen („Kurse") anzumelden und an
ihnen teilzunehmen. Für die Zwecke dieser Datenschutzerklärung können Informationen, die Sie über die Webseite
teilen in zwei Kategorien eingeteilt werden: Informationen über Ihre Benutzung der Webseite oder der Dienstleistungen,
einschließlich, ohne Einschränkung, Registrierungs-Informationen für Kurse, die als „Standortinformation" bezeichnet
wird, während Informationen zur Teilnahme an den Kursen, einschließlich, ohne Einschränkung, Austauschvorgänge
mit Kursleitern („Kursleiter"), anderen Studenten („Benutzer"), Antworten, Aufsätze und andere Elemente, die eingereicht werden,
um den Kursanforderungen zu entsprechen, als „Kursinformation" bezeichnet wird. Wenn diese Datenschutzerklärung den Oberbegriff
„Information" verwendet, adressiert dies die allgemeine Verwendung von Informationen, und nicht Ihre spezifischen
Standortinformationen oder Kursinformationen. Durch die Verwendung der Webseite, der Dienstleistungen oder der Kurse stimmen Sie der
Erfassung, Nutzung und Offenlegung Ihrer persönlichen Standortinformationen und Kursinformationen, soweit zutreffend, gemäß
dieser Datenschutzerklärung, zu.
Personally Identifiable Information We Collect and How We Use It.
You can generally visit the Site without revealing any personally
identifiable information about yourself. We do not collect personal
information from our Site visitors without the Site visitor providing us
with this information as set forth in this Privacy Policy.
If you request to receive company or product information, or request
information about specific Services, or provide comments about Services,
you will be asked to provide contact information so that we can
complete your request. We use this Site Information to fulfill your
request. We may also use this Site Information to send you additional
information about our Services or Courses on the Site that you may be
interested in.
Many of the Services require that you become a registered user and
create a user account. This will require that you provide certain
personally identifiable information, that may include (but not be
limited to) your e-mail address, as well as
telephone and address information.
You allow us to use this personally identifiable Site Information to
register you to use the Services, enroll in Courses, and otherwise
provide you with the Services; verify your authority to enter the Site
and access the Courses and Services; notify you of updates; improve the
content and general administration of the Site and the Services; provide
you with notices regarding the Services and other services that you
have purchased or may wish to purchase in the future.
You also consent to our providing this personally identifiable
information to Instructors as part of the Course Information when you
enroll in a Course. Instructors will use this Course Information to
provide the Course to you. Instructors may have other users for Course
Information. It is your responsibility when you enroll in a Course to
confirm what uses the Instructor will make of your personally
identifiable Course Information. Parama Campus does not control these uses by
Instructors.
Other Information We Collect and How We Use It.
Parama Campus may also automatically collect and analyze Site Information
about your general usage of the Site, Services and Courses. We might
track your usage patterns to see what features of the Site, Services and
Courses you commonly use, Site traffic volume, frequency of visits,
type and time of transactions, type of browser, browser language, IP
address and operating system, and statistical information about how you
use the Services and Courses. We only collect, track and analyze such
Site Information in an aggregate manner that does not personally
identify you. This aggregate data may be used to assist us in operating
the Site and the Services and provided to other third parties to enable
them to better understand the operation of the Services, and improve
their Course offerings, but such information will be in aggregate form
only and it will not contain personally identifiable data.
Instructors may collect non-personally identifiable Course
Information in connection with your participation in Courses. This
Course Information may include, but not be limited to, your interaction
with the Instructor and other Users, comments you leave on Course
forums, answers or essays you submit to satisfy Course requirements, and
so forth. As noted above, it is your responsibility to review the
Instructor’s policy in connection with all Course Information and decide
whether or not you want to provide such Course Information.
Children.
We recognize the privacy interests of children and we encourage
parents and guardians to take an active role in their children’s online
activities and interests. This Site is not intended for children under
the age of 18 and we endeavor not to collect any personally identifiable
information from children under the age of 18. Parama Campus targets its
Services and this Site to adults and not to children under 18.
Disclosure of Information.
We will share your personally identifiable Site Information with
third parties only in the ways that are described in this privacy
policy. These include, but are not limited to, sharing Site Information
with service providers to allow them to fulfill your requests, to
Instructors (in which case this will become Course Information). We do not sell your personal information to
third parties. Please refer to the sections above on personally
identifiable and other Course Information for how Course Information may
be used.
We may also disclose your personally identifiable information: (a) if
we are required to do so by law, regulation or other government
authority or otherwise in cooperation with an investigation of a
governmental authority, (b) to enforce these Terms of Use, or (c) to
protect the safety of Users of our Site and our Services and Courses. In
addition, we may transfer your personally identifiable information to a
successor entity upon a merger, consolidation or other corporate
reorganization.
Data Retention
We retain Site Information and the personal data we process on behalf
of Users for as long as needed to provide the Services. We will retain
and use this personal Site Information as necessary to comply with our
legal obligations, resolve disputes, and enforce our agreements with
Users, and/or the period required by laws in applicable jurisdictions.
Please see the sections above for how Course Information may be used.
Updating, Correcting and Deleting Your Information; Opt-out.
If you believe that Parama Campus has incorrect Site Information or Course
Information that was provided as part of the Services, you may use the
Services to correct, amend, or delete that information. You may also
contact us by e-mailing our customer support at ...ParamaCampus.com. We
can only alter Course Information that was initially provided to us; you
need to contact the Instructor for other purposes. Alternatively, you
may send a letter with your requested changes, corrections or deletions
to the following address:
By mail:
Parama Campus
Attn: Privacy Policy
2750 Stickney Point Road, Suite 203
Sarasota, FL 34231
From time to time, we may send you emails about Course or new or
modified Services that we believe might interest you. If you wish to
opt-out of receiving these materials, you may follow the unsubscribe
procedure provided in the email.
Security.
The security of your personal information is important to us. Parama Campus
employs procedural and technological measures to protect your personally
identifiable information. These measures are reasonably designed to
help protect your personally identifiable information from loss,
unauthorized access, disclosure, alteration or destruction. We may use
software, secure socket layer technology (SSL) encryption, password
protection, firewalls, internal restrictions and other security measures
to help prevent unauthorized access to your personally identifiable
information. However, Parama Campus cannot guarantee that unauthorized third
parties will never be able to defeat these measures or use your
personally identifiable information for improper purposes. Therefore,
you should be aware that when you voluntarily display or distribute
personally identifiable information, that information could be collected
and used by others. Parama Campus is not responsible for the unauthorized use
by third parties of information you post or otherwise make available
publicly.
Links to Other Websites.
The Site, Services and in particular the Courses, may provide links
to third party web sites or resources not associated with us and over
which we do not have control (“External Web Sites”). Such links do not
constitute an endorsement by Parama Campus of the External Web Sites, the
content displayed therein, or the persons or entities associated
therewith. You acknowledge that Parama Campus is only providing these links as a
convenience, and cannot be responsible for the content of such External
Web Sites.
Material Changes.
Parama Campus reserves the right to change this Privacy Policy from time to
time. We will post the revised Privacy Policy on this Site
and will either send a notice to the e-mail address that you specified
in your registration and/or post notice of the change so it is visible
when users log-on for the first time prior to said changes taking effect
so that you are always aware of what personal information we may
collect and how we may use this information. We encourage you to review
this Privacy Policy regularly for any changes. Your continued use of the
Site and/or Services will be subject to the then-current Privacy
Policy.
Contact Us
We welcome your comments or questions concerning our Privacy Policy.
If you would like to contact Parama Campus regarding this Privacy Policy, please
contact us by emailing us at ...ParamaCampus.com, or at:
Parama Campus
Attn: Privacy Policy
2750 Stickney Point Road, Suite 203
Sarasota, FL 34231
1. Introduction
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR
“YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH
YOUR USE OF PARAMA CAMPUS (“OUR”, “WE” OR “COMPANY”) SOFTWARE,
SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”).
BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON,
YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY
PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT
TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF
ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER
BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Privacy
Any personal information submitted in connection with Your use of the
Products or the Site is subject to Our Privacy Policy.
3. General
The Products enable Users to connect with instructors, some of whom may be independent contractor
instructors, (the "Instructors") who provide live and recorded
instruction, tutoring, and learning services in Our proprietary online
classrooms (the "Courses"). The Products include, without limitation,
facilitating and hosting Courses, the Courses and supporting materials,
and taking feedback from Users.
Company reserves the right to revise these Terms in its sole
discretion at any time by posting the changes on the Site. Changes
become effective thirty (30) days after posting. Your continued use of
Products after change become effective shall mean that You accept those
changes. You should visit the Site regularly to ensure You are aware of
the latest version of the Terms.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges
and/or other fees and costs associated with Your access to and use of
the Products, as well as for obtaining and maintaining all telephone,
computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee,
then You agree to pay, and will be responsible for payment of, that fee
and all taxes associated with such access or use. If You provide credit
card information to pay for such fees then You hereby represent and
warrant that You are authorized to supply such information and hereby
authorize the Company to charge Your credit card on a regular basis to
pay the fees as they are due. Unless otherwise stated, all fees are
quoted in U.S. Dollars. If Your payment method fails or Your account is
past due, then We may collect fees owed using other collection
mechanisms. This may include charging other payment methods on file with
us and/or retaining collection agencies and legal counsel. We may also
block Your access to any Products pending resolution of any amounts due
by You to Company.
All of Your use, access and other activities relating to the Site and
the Products must be in compliance with all applicable laws and
regulations, including, without limitations, laws relating to copyright
and other intellectual property use, and to privacy and personal
identity. In connection with Your use of the Products and Site, You must
not provide incorrect or knowingly false information; copy, distribute,
modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere
with the Products or operation of the Site; frame or embed the Site or
Products; impersonate another person or gain unauthorized access to
another person’s Account; introduce any virus, worm, spyware or any
other computer code, file or program that may or is intended to damage
or hijack the operation of any hardware, software or telecommunications
equipment, or any other aspect of the Products or operation of the Site;
scrape, spider, use a robot or other automated means of any kind to
access the Products.
4. General Disclaimer
The Site is only a marketplace for Users. We do not
hire or employ Instructors nor are We responsible or liable for any
interactions involved between the Instructors and their respective
clients. We are not responsible for disputes, claims, losses, injuries,
or damage of any kind that might arise out of or relate to conduct of
Instructors or Users, including, but not limited to, any User's reliance
upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the
Site and, as such, do not guarantee in any manner the reliability,
validity, accuracy or truthfulness of such Submitted Content. You also
understand that by using the Products may expose You to Submitted
Content that You consider offensive, indecent, or objectionable. The
Company has no responsibility to keep such content from You and no
liability for Your access or use of any Submitted Content.
The Site and Products may give You access to links to third-party
Websites ("Third Party Sites"), either directly or through Courses or
Instructors. The Company does not endorse any of these Third Party Sites
and does not control them in any manner. Accordingly, the Company does
not assume any liability associated with Third Party Sites. You need to
take appropriate steps to determine whether accessing a Third Party Site
is appropriate, and to protect Your personal information and privacy on
such Third Party Site.
5. Conduct
You may only access the Products for lawful purposes. You are solely
responsible for the knowledge of and adherence to any and all laws,
rules, and regulations pertaining to Your use of the Products. You agree
not to use the Products or the Company Content (as defined below) to
recruit, solicit, or contact in any form Instructors or potential users
for employment or contracting for a business not affiliated with us
without Our advance written permission, which may be withheld in Our
sole discretion. You assume any and all risks from any meetings or
contact between You and any Instructors or other Users of the Products.
6. Specific Obligations of Instructors
If You are instructing Users in connection with a Course You are an
“Instructor” and the following additional terms and conditions apply,
and You represent, warrant and covenant that:
- You are subject to the Company’s approval, which We may grant or deny in Our sole discretion;
-
You need to complete the
Instructor enrollment form and if You will charge fees for Your Courses,
You will also need to agree to the Premium Instructor Pricing terms;
-
You will be responsible for all of Your Submitted Content, that You
own or have the necessary licenses, rights, consents, and permissions,
and have the authority to authorize Company, to reproduce, distribute,
publicly perform (including by means of a digital audio transmission),
publicly display, communicate to the public, promote, market and
otherwise use and exploit any of Your Submitted Content on and through
the Products in the manner contemplated by these this Instructor
Agreement, and that no Submitted Content shall infringe or
misappropriate any intellectual property right of a third party;
-
You have the required qualifications, credentials and expertise,
including without limitation, education, training, knowledge, and skill
sets, to teach and offer the services You offer on and through the Site
and the Products;
-
You will not post any inappropriate, offensive, racist, hateful,
sexist, sex-related, false, misleading, infringing, defamatory or
libelous content;
-
You will not upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes or any other form of solicitation (commercial
or otherwise) through the Products or to Users;
-
You will not use the Products for any business other than for
providing tutoring, teaching and instructional services to Users of the
Site;
-
You will not engage in any activity that will require Company to
obtain any licenses from or pay any royalties to any third party,
including, by way of example and not limitation, the payment of
royalties for the public performance of any musical works or sound
recordings;
- You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
- You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;
-
You shall respond promptly to Users seeking Your services and ensure
a quality of service commensurate with the standards of Your industry
and instruction services in general;
-
You are over the age of 18 or if not a third party parent or legal
guardian has agreed to the terms of this Instructor Agreement and will
assume responsibility and liability for Your performance and compliance
hereunder.
7. Specific Obligations of Users using the Site
If You are a User in search of, or engaging, Instructors, You represent, warrant and covenant that:
-
You have read, understood, and agree to be bound by the pricing
information (see the Pricing section below) before using the Site or
registering for a Course;
-
If You are under the age of 18, You have obtained parental or legal
guardian consent before using the Site, contacting an Instructor, or
registering for a Course.
-
You will not upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes or any other form of solicitation (commercial
or otherwise) through the Site or the Products;
-
You will not post any inappropriate, offensive, racist, hateful,
sexist, sex-related, false, misleading, infringing, defamatory or
libelous content;
-
You will not reproduce, distribute, publicly display, publicly
perform, communicate to the public, create derivative works from or
otherwise use and exploit any Company Content, the Products or Courses
or Submitted Content except as permitted by these Terms or the relevant
Instructor as applicable;
-
You will not disclose any personal information to an Instructor, and
otherwise will assume responsibility for controlling how Your personal
information is disclosed or used, including, without limitation, taking
appropriate steps to protect such information; and
- You will not solicit personal information from any Instructor or other User.
8. Registration
To use certain Products, You will need to register and obtain an
account, username and password. When You register, the information You
provide to us during the registration process will help us in offering
content, customer service, and network management. You are solely
responsible for maintaining the confidentiality of Your account,
username, and password (collectively, Your "Account") and for all
activities associated with or occurring under Your Account. You
represent and warrant that Your Account information will be accurate at
all times. You must notify us (a) immediately of any unauthorized use of
Your Account and any other breach of security, and (b) ensure that You
exit from Your Account at the end of each use of the Products. We cannot
and will not be responsible for any loss or damage arising from Your
failure to comply with the foregoing requirements or as a result of use
of Your Account, either with or without Your knowledge, prior to Your
notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not
use anyone else's Account at any time without the permission of the
account holder. In cases where You have authorized or registered another
individual, including a minor, to use Your Account, You are fully
responsible for (i) the online conduct of such User; (ii) controlling
the User's access to and use of the Products; and (iii) the consequences
of any misuse.
9. Content, Licenses & Permissions
All software, technology, designs, materials, information,
communications, text, graphics, links, electronic art, animations,
illustrations, artwork, audio clips, video clips, photos, images,
reviews, ideas, and other data or copyrightable materials or content,
including the selection and arrangements thereof is “Content.” Where the
Company provides Content to You in connection with the Products,
including, without limitation, the Software and the Products and the
Site, it is “Company Content.” Content uploaded, transmitted or posted
to the Site or through the Products by a User or Instructor is
“Submitted Content.” Content remains the proprietary property of the
person or entity supplying it (or their affiliated and/or third party
providers and suppliers) and is protected, without limitation, pursuant
to U.S. and foreign copyright and other intellectual property laws. You
hereby represent and warrant that You have all licenses, rights,
consents, and permissions necessary to grant the rights set forth in
these Terms to Company with respect to Your Submitted Content and that
Company shall not need to obtain any licenses, rights, consents, or
permissions from, or make any payments to, any third party for any use
or exploitation of Your Submitted Content as authorized in these Terms
or have any liability to You or any other party as a result of any use
or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive right and license to
reproduce, distribute, publicly perform, offer, market and otherwise use
and exploit the Submitted Content on the Site and through the Products,
and sublicense it to Instructors and Users for these purposes directly
or through third parties. Notwithstanding the foregoing, You have the
right to remove all or any portion of Your Submitted Content from the
Site at any time. Removal of Your Submitted Content will terminate the
foregoing license and rights sixty (60) days after such removal as to
new uses, provided, however, that any rights given to Users or
Instructors prior to that time will continue in accordance with the
terms granted to such Users or Instructors.
The Company hereby grants You (as a User) a limited, non-exclusive,
non-transferable license to access and use Submitted Content and Company
Content, for which You have paid all required fees, solely for Your
personal, non-commercial, educational purposes through the Site and the
Products, in accordance with these Terms and any conditions or
restrictions associated with particular Courses or Products. All other
uses are expressly prohibited absent Our express written consent. You
may not reproduce, redistribute, transmit, assign, sell, broadcast,
rent, share, lend, modify, adapt, edit, create derivative works of,
license, or otherwise transfer or use any Submitted Content or Company
Content unless We give You explicit permission to do so. Submitted
Content and Company Content is licensed, and not sold, to You.
Instructors may not grant You license rights to Submitted Content You
access or acquire through the Services and any such direct license shall
be null and void and a violation of these Terms.
You agree that We may record all or any part of any Courses
(including voice chat communications) for quality control and
delivering, marketing, promoting, demonstrating or operating the Site
and the Products. You hereby grant the Company a permission and release
to use Your name, likeness, image or voice in connection with offering,
delivering, marketing, promoting, demonstrating, and selling the Site,
Products, Courses, Company Content and Submitted Content and waive any
and all rights of privacy, publicity, or any other rights of a similar
nature in connection therewith.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER
LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION
OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT
SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU
IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH
USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED
CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN
ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE
OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A
PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that
Submitted Content of Yours violates any law or regulation or is
inaccurate or poses any risk whatsoever to a third party it is Your
responsibility to take such steps You deem necessary to correct the
situation. If You believe that Submitted Content of a third party or any
Company Content violates any laws or regulations, including, without
limitation, any copyright laws, You should report it to the Company in
accordance with the procedures.
All rights not expressly granted in these Terms are retained by the
Content owners and these Terms do not grant any implied licenses.
Pricing for Paid Courses
A Course Instructor will be solely responsible for
determining the fees to be charged for such Course, in accordance with
the Instructor terms and conditions.
If You are a User, You agree to pay the fees for Courses that You take,
and hereby authorize Us to charge Your credit card for these amounts.
We will charge Your credit card monthly for all amounts owed. If Your
credit card is declined, You agree to pay Us the fees within thirty (30)
days of notification from Us, and pay (at Our discretion) a late
payment charge at 1.5% per month, or the maximum permitted by law,
whichever is greater.
Refunds
Parama Campus offers Users a twenty four (24) hour, no-questions-asked money back
guarantee on Courses that are purchased through our site. If you, as a User, are unhappy with such a Course and
request a refund within twenty four (24) hours from the time of purchase, we will provide you with a full refund of the
amount you paid. To request a refund, please contact us via
...ParamaCampus.com. Please note that if we believe that you are abusing
our refund policy in our sole discretion, we reserve the right to
suspend or terminate your account and refuse or restrict any and all
current or future use of the Company Products, without any liability to
you.
You, as an Instructor, acknowledge and agree that Users have the
right to receive a refund as set forth in this section. Neither
Instructors nor Company shall receive any payments, fees or commissions
for any transactions for which a refund has been granted. In the event
that a User requests a refund for a Course after Parama Campus has sent an
Instructor payment for that Course, Parama Campus reserves the right to either
(1) deduct the amount of such refund from the next payment to be sent to
that Instructor, or (2) require that Instructor to refund any amounts
refunded to Users for Instructor's Course to the extent no additional
payments are due from Parama Campus to Instructor or such payments due
Instructor are insufficient to cover the amounts refunded to Users.
10. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and
displayed on the Site, in the Products or in any Company Content are Our
registered or unregistered Trademarks or of Our suppliers or third
parties and are protected pursuant to U.S. and foreign trademark laws.
All rights are reserved and You may not alter or obscure the Trademarks,
or link to them without Our prior approval.
11. Warranty Disclaimer
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND
ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE
PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND
THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM
ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
12. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABLITY,
INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.
THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS
PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH
LIABILITY AROSE.
13. Indemnification
You hereby indemnify, defend and hold harmless the Company, and its
affiliates, officers, directors, agents, partners, employees, licensors,
representatives and third party providers from and against all losses,
expenses, damages, costs, claims and demands, including reasonable
attorneys' fees and related costs and expenses, due to or arising out of
Your breach of any representation or warranty hereunder. We reserve the
right, at Our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by You, and in such
case, You agree to fully cooperate with such defense and in asserting
any available defenses.
14. Termination
We may terminate Your use of the Products or Site immediately without
notice for any breach by You of these Terms or any of Our applicable
policies, as posted on the Site from time to time. We may discontinue
offering any Product, Course, or Content at any time (which will
terminate Your right to offer these Courses if You are an Instructor).
You may terminate Your use of the Site or the Products at any time,
either by ceasing to access them, or by contacting us at ...ParamaCampus.com (but if You are an Instructor then Users enrolled in Your
Courses prior to termination shall continue to have access to them for
the duration of the Course). We have no obligation to retain any of Your
Account or Submitted Content for any period of time beyond what may be
required by applicable law. Upon termination, You must cease all use of
the Site, Products and Content. Any accrued rights to payment and
Sections 4, 5, 10-15 and all representations and warranties shall
survive termination.
15. Miscellaneous
1. Entire Agreement. These Terms and any policies applicable to You
posted on the Site constitute the entire agreement between the parties
with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter.
2. Severability. If any provision of these Terms is found to be
illegal, void or unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions of these Terms.
3. Waiver. A provision of these Terms may be waived only by a written
instrument executed by the party entitled to the benefit of such
provision. The failure of Company to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision.
4. Notice. Any notice or other communication to be given hereunder
will be in writing and given by facsimile, postpaid registered or
certified mail return receipt requested, or electronic mail.
5. No Agency. Nothing in these Terms shall be construed as making
either party the partner, joint venture, agent, legal representative,
employer, contractor or employee of the other. Neither the Company nor
any other party to this Agreement shall have, or hold itself out to any
third party as having, any authority to make any statements,
representations or commitments of any kind, or to take any action that
shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.
6. These Terms and Your use of the Site and the Products shall be
governed by the substantive laws of the State of Florida without
reference to its choice or conflicts of law principles.